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International Law-Soverign Immunity-The First Decade Of The Tate Letter Policy, John M. Niehuss S.Ed.
International Law-Soverign Immunity-The First Decade Of The Tate Letter Policy, John M. Niehuss S.Ed.
Michigan Law Review
On May 19, 1952, the State Department announced in the Tate Letter a new policy with regard to the filing of suggestions of immunity in suits against foreign sovereigns. The letter indicated that the Department would begin to follow a restrictive theory of sovereign immunity. This meant that it would file a suggestion of immunity if the case arose from acts of the foreign government or its agents which were of a purely governmental character (jure imperii), but would deny immunity in instances where the acts engaged in were of a commercial or proprietary nature which could be …
International Law - Sovereign Immunity - Seizure Of Property Under Restrictive Immunity Doctrine, Norman A. Zilber S.Ed.
International Law - Sovereign Immunity - Seizure Of Property Under Restrictive Immunity Doctrine, Norman A. Zilber S.Ed.
Michigan Law Review
While in Korea unloading a cargo of rice purchased by the Korean Government, libellant's steamship was damaged by respondent's lighter which was assisting in the unloading operation. Libellant instituted suit against the Republic of Korea in a federal district court. in New York claiming the court had jurisdiction over the respondent by virtue of a writ of foreign attachment on Republic of Korea funds deposited in two New York banks. Respondent, in a special appearance, moved to dismiss the libel on the alternative grounds that property of a foreign sovereign is immune from seizure and that the purchase of rice …