Alfred Dunhill of London, Inc. v. Republic of Cuba, et al.

Abstract

States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Conclusiveness of statements of the Executive — Act of State doctrine — Executive statement that doctrine should not apply to commercial acts — Executive statement that doctrine should not bar consideration of validity of acts of foreign sovereigns under international law — Weight to be accorded to such statements by the courts — The law of the United States

Jurisdiction — In general — Territorial — Exemptions from and restrictions upon territorial jurisdiction — Doctrine of sovereign immunity — Relationship to act of State doctrine — Restrictive theory of sovereign immunity — Whether principles underlying restrictive theory also applicable to act of State doctrine — The law of the United States

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State doctrine — Sovereign immunity — Relationship between act of State doctrine and sovereign immunity — Commercial acts of foreign States — Whether capable of being acts of State — Restrictive theory of sovereign immunity — Whether principles of restrictive theory also applicable to act of State doctrine — Purposes of act of State doctrine and sovereign immunity — Nature of an act of State — Whether refusal to repay moneys an act of State — Agency of foreign government — Republic of Cuba — Interventors given authority to conduct affairs of nationalized business — Whether authority extends to performance of sovereign as well as commercial acts — Trading with the enemy — Cuban Assets Control Regulations 1975 — The law of the United States