Smith v. United States

Abstract

Jurisdiction — Territorial — Extraterritorial effect of legislation — United States Congress — Presumption against extraterritorial effect — Whether presumption to be strictly applied — Evidence of clear Congressional intention needed to rebut presumption — Waiver of sovereign immunity by United States under the Federal Tort Claims Act with regard to acts and omissions occurring in a “foreign country” — Whether extending to acts and omissions committed by United States in Antarctica

Territory — Antarctica — Sovereignty — Whether Antarctica a “foreign country” for purposes of Federal Tort Claims Act — Decision turning on whether “foreign country” synonymous with sovereign State — Antarctic Treaty, 1959

State responsibility — Tort — Plaintiff killed in Antarctica while working for United States Government agency — Whether United States liable for acts and omissions occurring in Antarctica — The law of the United States