Shapiro v. Republic of Bolivia and Others

Abstract

State immunity — Jurisdictional immunity — Commercial activity exception — Issuance of negotiable promissory notes by foreign State — Whether constituting a commercial activity — Requirement that commercial activity have substantial contact with United States — Whether issuing notes in United States constituting a substantial contact — Waiver — Implied waiver — Submission to jurisdiction of United States courts in related proceedings — Whether constituting implied waiver of immunity — United States Foreign Sovereign Immunities Act 1976

State immunity — Jurisdictional immunity — United States Foreign Sovereign Immunities Act 1976 — Relationship between personal and subject matter jurisdiction — Constitutional due process requirement of “minimum contacts” between defendant and United States — Satisfaction of requirement necessary in order to establish personal jurisdiction — Whether “minimum contacts” standard satisfied by meeting subject matter jurisdictional requirement of “substantial contact” with United States — The law of the United States