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Avigliano v. Sumitomo Shoji American, Inc.
Published online by Cambridge University Press: 27 February 2017
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- Judicial Decisions
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- Copyright
- Copyright © The American Society of International Law 1981
References
1 This issue is currently also being litigated in another federal jurisdiction. Spiess v. Itoh, 469 F. Supp. 1 (1979), appeal pending in the 5th Cir. (No. 79–2382) at the time of this writing; for a summary of the district court’s opinion, see 74 AJIL 195 (1980). Another recent case in which the issue was raised with respect to a similar provision in the 1951 FCN Treaty between the United States and Denmark is Linskey v. Heidelberg Eastern, Inc., 470 F. Supp. 1181 (E.D.N.Y. 1979). The district court decided that the Treaty did not exempt the AmericanTincorporated subsidiary of a Danish company from liability under title VII.
2 Art. XXII(3) of the Treaty provides:
As used in the present Treaty, the term “companies” means corporations, partnerships, companies and other associations, whether or not with limited liability and whether or not for pecuniary profit. Companies constituted under the applicable laws and regulations within the territories of either Party shall be deemed companies thereof and shall have their juridical status recognized within the territories of the other Party.
3 The district court also relied on the lower court decision in Itoh, supra, which had followed the same reasoning.