First National City Bank of New York v. Banco Nacional de Cuba

Abstract

International law in general — Sources — Decisions of municipal courts as sources of international law — Decisions of United States courts concerning expropriation of foreign property — Value as precedents — The law of the United States

International law in general — Relation to municipal law — Act of State doctrine — Whether United States courts should apply international law to determine validity of act of foreign State — Expropriation — Whether lack of consensus about applicable rules of international law — The law of the United States

Jurisdiction — In general — Territorial — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Doctrine of sovereign immunity — Relationship to act of State doctrine — Counterclaim against foreign State — The law of the United States

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State doctrine — Expropriation of property of United States nationals in Cuba — Whether United States courts entitled to assess validity of expropriation under international law — Cuban assets in United States — Counterclaim against — Extent of act of State doctrine — Bernstein exception — State Department recommendation that act of State doctrine should not apply — Whether conclusive — Sovereign immunity — Counterclaim against foreign State bringing action in United States courts — Relationship to act of State doctrine — Nationalization — Applicable rules of international law — Whether lack of consensus thereon — The law of the United States