Bandes v. Harlow and Jones Inc

Abstract

Expropriation — Extraterritorial effect — Expropriation without compensation of shares in company — Effect on debt owed to company by debtor in the United States — Situs of debt — United States policy against expropriation without compensation — Whether wartime exception — Compensation — Claimant obtaining unfair benefits from expropriation — Whether excluding right to compensation — Clean hands doctrine — Measure of compensation — Possibility of set-off against property claim in the United States relating to expropriated property — Set-off requiring valuation of overseas property — Whether courts required to consider set-off

Relationship of international law and municipal law — Act of State doctrine and justiciability — Nature of act of State doctrine in United States law — Respect of sovereign independence of State — Judicial restraint in matters of foreign relations — Principle that United States courts will not question the validity of expropriation by foreign State of property within that State's territory — Extraterritorial exception — Act of State purporting to affect property situated in the United States — Whether act of State doctrine applicable

Sources of international law — General principles of law — Clean hands doctrine — Applicability to dispute concerning expropriation of property

Claims — Exhaustion of local remedies — Expropriation — Whether claimant required to exhaust local remedies which are illusory — Comity — Nature of — Act of State doctrine as application of principles of comity — The law of the United States