Hostname: page-component-cd9895bd7-jkksz Total loading time: 0 Render date: 2024-12-25T19:02:44.410Z Has data issue: false hasContentIssue false

Banco Nacional de Cuba v. Sabbatino et al.

United States of America.  31 March 1961 ; 06 July 1962 ; 23 March 1964 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International law — Relation to Municipal law — Whether courts will examine validity under international law of public act of foreign sovereign committed within own territory expropriating foreign property without adequate compensation — Competence of municipal courts to determine and apply international law Nature of customary international law standard governing State's responsibility for taking of foreign property without adequate compensation — Act of State doctrine — Nature of and policies underlying — Applicability of doctrine when foreign State's acts alleged to violate customary international law — International law as understood by courts in United States — The law of the United States of America.

Jurisdiction — Territorial — Expropriation of alien property — Expropriation by Cuba of sugar properties within Cuba indirectly owned by United States residents — Challenge to validity of expropriation in United States court — Action by Cuban governmental instrumentality to recover value of such properties after alleged conversion of sugar in United States — Whether expropriation in violation of customary international law — Relevance of failure of Cuba to pay adequate compensation — Relevance of retaliatory purpose of expropriation and discriminatory application to United States citizens — Nature of customary international law standard governing State's responsibility for taking of foreign property without adequate compensation — Application of Act of State doctrine in United States courts — International law as understood by courts in United States — The law of the United States of America.

Recognition of acts of foreign States and Governments — Expropriation of foreign-owned property situate within expropriating State — Expropriation by Cuba of sugar properties indirectly owned by United States residents — Suit by Cuban governmental instrumentality in United States Court to recover value of properties after alleged conversion of sugar in United States — Whether Court can examine validity of expropriation to determine whether instrumentality acquired title to sugar properties — Act of State doctrine — Nature of and policies underlying — Applicability of doctrine when foreign State's acts alleged to violate customary international law — Nature of customary international standard governing State's responsibility for taking of foreign property without adequate compensation — Whether recognized foreign Government may resort to United States courts — International law as understood by courts in United States — The law of the United States of America.

Type
Case Report
Copyright
© Cambridge University Press 1967

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.)