Hostname: page-component-cd9895bd7-dk4vv Total loading time: 0 Render date: 2024-12-28T03:30:12.731Z Has data issue: false hasContentIssue false

French v. Banco Nacional de Cuba

United States.  15 October 1968 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Conclusiveness of statements of the Executive States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Conclusiveness of statements of the Executive — Sovereign immunity — Refusal of State Department to indicate immunity — Whether binding upon courts — 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 — Central bank — Acts of bank regarded as commercial — Sovereign immunity not applicable — Whether act of State available as a defence — The law of the United States

State responsibility — Nature and kinds of — For taking of, or interference with, property — Currency regulation — Cuba — Right of foreign investors to convert proceeds of investment into foreign currency — Certificates promising to pay foreign currency on presentation of equivalent amount in Cuban currency — Suspension of all payment under such certificates — Whether equivalent to confiscation of property rights — Whether contrary to international law — The law of the United States

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State doctrine — Scope and application — What constitutes act of State — Whether relevant that foreign sovereign has violated its own laws — Hickenlooper Amendment to United States Foreign Assistance Act 1964 — Scope — Whether limited to cases involving confiscation of property rights — Currency regulations — Cuba — Decision to suspend processing of certificates promising to convert Cuban currency into United States dollars — Whether equivalent to a confiscation of property — Nature of rights under such certificates — Sovereign immunity — Restrictive theory — Role of State Department — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1984

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)