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French v. Banco Nacional de Cuba
Published online by Cambridge University Press: 01 January 2021
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
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