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Transamerican Steamship Corp. v. Somali Democratic Republic. 590 F.Supp. 968
Published online by Cambridge University Press: 27 February 2017
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- Type
- Judicial Decisions
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- Copyright
- Copyright © American Society of International Law 1985
References
1 See H.R. Rep. No. 1487, 94th Cong., 2d Sess. 16 (1976): “[A] foreign state’s mere participation in a foreign assistance program administered by . . . [AID] is an activity whose essential nature is public or governmental, and it would not itself constitute a commercial activity.”
2 590 F.Supp. 968, 973.
3 See H.R. Rep. No. 1487, supra note 1, at 18.
4 590 F.Supp. at 974.
5 The SSA was considered to be an “instrumentality” of the SDR as defined in 28 U.S.C. §1603 (1982). See 590 F.Supp. at 975.
6 The court recognized that such a broad approach could bring many acts by foreign states and their instrumentalities within the ambit of the FSIA’s exceptions; however, “there are a number of other legal screening devices that protect foreign defendants from being ‘forced into court in the U.S. for any alleged act relating to a commercial transaction.’ ” 590 F.Supp. at 976 (quoting Def. Reply Mem. at 12-13).
7 See International Shoe Co. v. Washington, 326 U.S. 310 (1945); Shaffer v. Heitner, 433 U.S. 186 (1977).
8 637 F.2d 775 (D.C. Cir. 1980), cert, denied, 454 U.S. 1128 (1981).
9 590 F.Supp. at 978.
10 595 F.Supp. 502 (S.D.N.Y. 1984).