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Application of Act of State Doctrine to Export License Decision

Published online by Cambridge University Press:  10 March 2017

Abstract

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Type
Contemporary Practice of the United States Relating to International Law
Copyright
Copyright © American Society of International Law 2003

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References

1 The Internet Corporation for Assigned Names and Numbers was established in 1998 as a nonprofit, privatesector corporation that coordinates some of the Internet’s technical management functions. See ICANN: A Structural Overview, at <http://www.icann.org/general/structure.htm>.

2 28 U.S.C. §§1330, 1602-1611 (2000).

3 The FSIA commercial-activity exception provides, in part, that a foreign state shall not be immune from the jurisdiction of U.S. courts in any case in which the action is based “upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States.” Id. §1605(a) (2).

4 Virtual Countries v. South Africa, 300 F.3d 230, 237-38 (2d Cir. 2002).