State immunity — Attachment and execution — Property of foreign State used as residence for diplomatic staff — Whether property immune from execution — Decision turning on whether use of property constituting commercial activity — Determination by Executive that property being used for sovereign purposes — Significance — United States Foreign Sovereign Immunities Act 1976

Relationship of international law and municipal law — Conduct of foreign relations — United States — Recognition of States and governments — Power vested in Executive — Scope — Whether limited to act of recognition — Whether including power to enter into ancillary Executive Agreement concerning diplomatic rights and privileges — United States Diplomatic Relations Act 1978

Diplomatic relations — Immunity — Property utilized as residence for diplomatic staff — Whether subject to execution in receiving State — The law of the United States

State immunity — Jurisdictional immunity — Commercial activity exception — Foreign government agency — Claim based upon commercial activity carried on in the United States — Whether including claim for damage suffered abroad — Decision turning on whether act causing damage constituting integral part of commercial activity carried on in the United States — Requirement to look at transaction as a whole — Shipment to Egypt of wheat purchased by Egyptian government agency in the United States — Action against government agency for delaying unloading of vessel in Egypt — Whether action based upon commercial activity carried on in the United States — Counterclaim exception — Whether including crossclaims — Relationship between counterclaim and commercial activity exceptions — Whether finding by court that counterclaim exception inapplicable barring application of commercial activity exception — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Jurisdictional immunity — State corporation — Commercial activity exception — Requirement that activity having a direct effect in the United States — Aircraft purchased by United States corporation from foreign State-owned corporation — Aircraft crashing abroad killing its pilot — Whether suffering caused to family of deceased pilot in the United States a direct effect of crash — Whether financial loss incurred by owners of aircraft in the United States a direct effect of the crash — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Jurisdictional immunity — State corporation — United States Foreign Sovereign Immunities Act 1976 — Exceptions to immunity — Pre-existing treaty exception — Whether waiver of immunity contained in bilateral treaty pre-empting later grant of sovereign immunity under the Act — Waiver — Foreign arbitration proceedings between State corporation and third party concerning related dispute — State corporation obtaining judgment in United States court confirming arbitral award — Whether constituting an implicit waiver of immunity — Asserting judgment confirming arbitral award as set off — Whether constituting an implicit waiver of immunity — Commercial activity exception — Requirement of sufficient nexus between case and the United States — Whether sufficient that subsidiary of State corporation doing business in the United States — Requirement of direct effect in the United States — Seizure of vessel abroad by State corporation causing owner to default on bank loan — Whether financial loss suffered by bank as a result of seizure constituting a direct effect

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether treaty provision a waiver of immunity

Treaties — Effect in municipal law — State immunity — Treaty provision as waiver of immunity — France-United States Convention of Establishment, Protocol and Declaration, 1959, Articles V and XIV — The law of the United States

State immunity — Jurisdictional immunity — Whether presumption of sovereign immunity — Commercial activity exception — Distinction between sovereign and commercial acts — Distinction turning on nature, rather than purpose of act — Requirement of direct effect in United States — Foreign State under contractual obligation to make payment in the United States — Whether financial loss suffered as a result of non-payment constituting a direct effect — The United States Foreign Sovereign Immunities Act 1976 — Judgment in default — Grounds for setting aside judgment in default — The law of the United States

State immunity — Jurisdictional immunity — Commercial activity exception — State corporation — Requirement of sufficient nexus between case and commercial activity in the United States — National airline issuing tickets in the United States to passengers for internal flight in foreign State — Aircraft crashing during flight — Whether death of passengers having sufficient nexus with commercial activity in the United States — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Attachment and execution — Waiver — Waiver of immunity by foreign State in proceedings against United States corporation — Waiver expressly including agencies of foreign State — Whether assets of State corporation having no connection with underlying legal dispute liable to execution for purposes of enforcing judgment against foreign State — Decision turning on whether corporation alter ego of foreign State — Presumption that State corporation having separate legal personality — Circumstances under which presumption may be rebutted — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Jurisdictional immunity — Foreign government agencies — Commercial activity exception — Distinction between sovereign and commercial acts — Distinction based upon nature rather than purpose of act — Relevance of main rather than subsidiary terms of the contract — State agency for the promotion of Spanish exports to the United States — Contract of employment requiring employee to market Spanish wines in the United States — Provisions allowing employee option to make contributions to Spanish social security system — Whether entering into employment contract commercial act — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

Relationship of international law and municipal law — Act of State and justiciability — United Sates act of State doctrine — Nature of act of State doctrine in United States law — Requirement of sovereign independence of State — Judicial restraint in matters of foreign relations — Whether doctrine applicable to foreign government not recognized by the United States — Taiwan — Non-recognition by the United States — Whether instrumentality of Taiwanese Government entitled to plead act of State defence in proceedings before United States court — Taiwan Relations Act

State immunity — Jurisdictional immunity — Commercial activity exception — Foreign government instrumentality — Transaction containing both sovereign and commercial elements — Whether falling within commercial activity exception — Decision turning on whether cause of action based on commercial or sovereign element of transaction — Whether defence of sovereign immunity available to foreign government not recognized by the United States — Taiwan — Non-recognition by the United States — Whether instrumentality of Taiwanese Government entitled to claim sovereign immunity in proceedings before United States courts — United States Foreign Sovereign Immunities Act 1976

Jurisdiction — Over foreign States — Principles on which one State may assert jurisdiction in respect of another — United States Foreign Sovereign Immunities Act 1976 — Whether Act the sole basis for exercise of jurisdiction over foreign States

Governments — Recognition — Effect of non-recognition — Taiwan — Non-recognition by United States — Taiwanese governmental instrumentality — Whether entitled to claim sovereign immunity and plead act of State defence in proceedings before United States court — Taiwan Relations Act — The law of the United States

State immunity — Jurisdictional immunity — State corporation — National airline — Passengers purchasing tickets for travel within Mexico on flight operated by Mexican national airline — Aircraft crashing in Mexico — Action for damages on behalf of deceased passengers — Whether within commercial activity exception to State immunity — Requirement of sufficient nexus between case and United States — Whether sufficient that flight ultimately terminating in United States — Whether sufficient that aircraft serviced in United States prior to crash — Requirement of direct effect in United States — United States Federal Aviation Authority issuing regulations regarding jet aircraft following crash — Whether constituting a direct effect — Waiver — Foreign carrier air permit issued by United States authorities to airline — Permit containing waiver of sovereign immunity — Whether waiver applying to cause of action arising out of plane crash in Mexico — United States Foreign Sovereign Immunities Act 1976

Jurisdiction — Civil action — Aircraft accident — Mexican passengers travelling on internal Mexican flight operated by Mexican airline — Flight crashing within Mexico and killing all passengers — Action brought by United States court on behalf of deceased passengers — Whether court having jurisdiction — Warsaw Convention, 1929, Articles 1(2) and 28 — The law of the United States

State immunity — Jurisdictional immunity — Commercial activity exception — Distinction between sovereign and commercial acts — Distinction turning on nature, rather than purpose of act — Official newspaper of foreign State — Publication of allegedly defamatory article in newspaper for purposes of avoiding financial obligations under contract — Whether a sovereign or commercial act — Requirement of direct effect in United States — Whether economic loss resulting from failure to honour financial obligation under contract constituting a direct effect — United States Foreign Sovereign Immunities Act 1976 — Judgment in default — Grounds for setting aside judgment in default

State immunity — Jurisdictional immunity — State corporation — United States Foreign Sovereign Immunities Act 1976 — Establishment of personal jurisdiction under Act — Constitutional due process requirement of “minimum contacts” between defendant and United States — Whether contacts of State and its agencies fulfilling “minimum contacts” requirement on behalf of State corporation — Decision turning on whether State corporation alter ego of State — Whether presumption of separate legal personality — The law of the United States

State immunity — Jurisdictional immunity — Commercial activity exception — State corporation — Action between two foreign corporations — Whether action having sufficient nexus with the United States — Requirement that commercial activity having direct effect in United States — Whether economic loss resulting from failure to honour financial obligation under contract constituting direct effect in the United States — Payment of funds into New York bank account of foreign bank for purposes of satisfying bank guarantee — Whether constituting direct effect in the United States — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Jurisdictional immunity — Restrictive theory of immunity — Individual acting in official capacity on behalf of government — Whether entitled to sovereign immunity — Allegation that law enforcement officers of foreign State acting illegally whilst carrying out official duties — Whether depriving officials of immunity — United States Foreign Sovereign Immunities Act 1976

Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — Applicability — United States court barred from questioning validity of act of foreign State within its own jurisdiction — Allegation that British law enforcement officers acting illegally during the course of extradition proceedings — Whether act of State doctrine applicable — The law of the United States

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

State immunity — Jurisdictional immunity — State corporation — Commercial activity exception — Distinction between sovereign and commercial acts — Distinction turning on nature, rather than purpose of act — Mexican Government owning majority shareholding in Mexican corporation — Corporation providing transportation at behest of Mexican Government for university officials wishing to conduct government-sponsored research in Mexico — Whether provision of transport constituting a commercial activity — Requirement that commercial activity having substantial contact with United States — Arrangement of return journey from the United States to Mexico — Whether constituting substantial contact — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Jurisdictional immunity — Non-commercial tort exception — Requirement that tort was not committed by foreign State in the exercise of a discretionary function — Consular officials of sending State allegedly aiding national to breach custody order of court of receiving State — Alleged assistance violating criminal law of receiving State — Whether actions of consular officials constituting exercise of discretionary function — United States Foreign Sovereign Immunities Act 1976

Consular relations — Immunity — Consular officials — Immunity from civil proceedings — Scope of immunity — Vienna Convention on Consular Relations, 1963, Articles 5 and 43 — Immunity limited to performance of consular functions — Whether immunity covering proceedings brought against consular officials for allegedly assisting national to breach custody order of court of receiving State — Alleged actions violating criminal law of receiving State — Significance — The law of the United States

State immunity — Jurisdictional immunity — Commercial activity — State corporation — Requirement of sufficient nexus between claim and commercial activity carried on in the United States — Whether sufficient that corporation doing business in the United States — Whether requirement that commercial activity constitute legal element of claim — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

Jurisdiction — Over foreign States — Principles on which one State may assert jurisdiction in respect of another — United States Foreign Sovereign Immunities Act 1976 — Act conferring jurisdiction on United States courts over foreign States in civil proceedings — Whether Act the sole basis for exercise of jurisdiction over foreign States — Whether United States courts having jurisdiction over alleged criminal activities of foreign States — Racketeer-influenced and Corrupt Organizations Act — Requirement that racketeering activities under Act be based on commission of criminal offences — Whether State corporations subject to provisions of Act

State immunity — Jurisdictional immunity — whether presumption of immunity — State corporation — Sale of corporation to private company — Whether corporation considered entity of foreign State for purposes of claiming immunity in regard to acts committed prior to its sale — Commercial activity exception — Requirement that cause of action arising out of commercial activity carried on in the United States — Whether sufficent that corporation doing business in the United States — Whether inference that cause of action arising out of commercial activity sufficient — Requirement that commercial activity having substantial connection with the United States — Acquisition by State corporation of proprietary information belonging to United States company — Whether constituting commercial activity having a substantial connection with United States — Requirement of direct effect in the United States — Improper use abroad by State corporation of proprietary information belonging to United States company — Whether economic injury caused to United States company constituting a direct effect — The United States Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Jurisdictional immunity — Whether presumption of immunity — Commercial activity exception — Requirement that commercial activity have substantial contact with the United States — Atlantic Cable Maintenance Agreement — Cable repair ships owned by treaty parties assigned to specific projects — Cable repair ship owned and operated by France assigned to project undertaken by United States corporation on the high seas — Requirement of sufficient nexus between cause of action and commercial activity undertaken in the United States — Action for wrongful death of employee of United States corporation on board cable repair ship on the high seas — Whether sufficient nexus between death of employee and earlier visit of ship and senior crew member to the United States — United States Foreign Sovereign Immunities Act 1976 — The law of the United States