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International law

1993

Brigham Young University

Articles 1 - 4 of 4

Full-Text Articles in Law

Libya: An Exception To Sovereign Immunity, Brett Tolman Sep 1993

Libya: An Exception To Sovereign Immunity, Brett Tolman

Brigham Young University Prelaw Review

The question of whether a foreign state should be granted sovereign immunity in cases of nationalization of a foreign investment was, in times past, rarely argued. Only when nationalization is the result of violations of international law are the acts of state denied immunity and susceptible to adjudication in the courts of foreign nations. On June 11, 1973 the Revolution Command Council of Libya issued Law No. 42 concerning the nationalization of the rights of Milton Bunker Hunt. The following argument will illustrate that because of commercial intent as well as discriminatory and compensatory violations of international law, the nationalization …


Libyan Law Nationalizes Milton Bunker Hunt Oil Fields, Christopher Kyler Sep 1993

Libyan Law Nationalizes Milton Bunker Hunt Oil Fields, Christopher Kyler

Brigham Young University Prelaw Review

Conflicts steadily rise as multinational enterprises become more widespread throughout the world. As companies expand from their homelands into foreign lands, which do not always have the same economic systems, new laws create greater risks and various conflicts. The lack of clear international law only heightens the conflicts and opinions of those involved. Such is the case of a United States citizen, Milton Bunker Hunt, who owned and operated oil fields located in Libya. The real issue of this case is whether or not Libya was justified in this taking, and this can only be judged by the laws in …


The Bunker Hunt Case, Victor Sipos Sep 1993

The Bunker Hunt Case, Victor Sipos

Brigham Young University Prelaw Review

In recent decades, US courts have become more responsive to the ever-increasing commercialization of the world and more sensitive to the rights of US investors engaging in international markets. International trade has always posed risks to investors working under different legal systems within separate sovereign nations. The modern US stance on international law provides legal rights to US citizens which didn't exist even a quarter-century ago. The greatest concern of international investment is a foreign sovereign's power to nationalize interests within its boundaries without properly compensating the investor. In 1973, the Libyan extension of Milton Bunker Hunt oil interests encountered …


Nationalization And The Bunker Hunt Case, Kim Cluff Aug 1993

Nationalization And The Bunker Hunt Case, Kim Cluff

Brigham Young University Prelaw Review

The nationalization of foreign-owned companies is a controversial issue that has created considerable tension within the international arena. As a result, international law has had to expand in order to aptly deal with cases involving expropriation. While all countries do not agree on how to settle such questions, international laws have been established that decisively defend various taking actions. The Bunker Hunt Case is a good illustration of how these laws can be applied. This case involves the nationalization of Milton Bunker Hunt's rights to oil interests in Libya. According to the Libyan government, this taking was both legal and …