Tran Qui Than v. Blumenthal

Abstract

States as international persons — In general — Extinction of States — Republic of Vietnam — Victory of North Vietnamese forces — Merger with North Vietnam in new State — Effect upon treaties between Republic of Vietnam and the United States — The law of the United States

State responsibility — Nature and kinds of — For taking of, or interference with, property — Definition of taking — Blocking of assets under Trading with the Enemy Act — Whether a confiscation of property — The law of the United States

The individual in international law — Aliens — Position of — Plea of non — discrimination — Equal protection of the laws — Blocking of assets under Trading with the Enemy Act — Licences to deal in assets granted more readily to United States nationals — Whether unfair discrimination — The law of the United States

War and neutrality — War in general — Effects of outbreak of war — Trading with the enemy — Blocking of assets under Trading with the Enemy Act — Vietnam — Assets of Vietnamese nationals blocked from date of communist victory — The law of the United States

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State doctrine — Territorial limitation upon — Whether giving rise to cause of action — Expropriation — Assets located in United States — Vietnam — Assets of Vietnamese nationals blocked under Trading with the Enemy Act — Assets of Vietnamese bank — Whether bank ceasing to exist before date on which blocking took effect — Extinction of States — Republic of Vietnam — Republic ceasing to exist upon North Vietnamese victory — Effect upon treaties between Republic of Vietnam and United States — The law of the United States