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Dames and Moore v. Regan
Published online by Cambridge University Press: 01 January 2021
Abstract
Jurisdiction — In general — Territorial — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Sovereign immunity — United States Foreign Sovereign Immunities Act 1976 — Purpose of — Whether intended to divest President of authority to settle claims of United States nationals against foreign governments — The law of the United States
State responsibility — Nature and kinds of — For taking of, or interference with, property — Suspension of attachments of Iranian assets located in the United States — Whether a "taking" of property requiring just compensation under United States Constitution — Iran- United States Algiers Declarations, 1981 — Jurisdiction of United States Court of Claims — Treaty exception clause of Statute of the Court of Claims — Whether precluding Court of Claims from hearing claims for takings in the future — The law of the United States
The individual in international law — Nationality — As determining the right of protection of citizens abroad — United States Hostage Act 1868 — Intention and purpose of — Whether Iranian hostage crisis within scope of Act — The law of the United States
Disputes — Arbitration — Miscellaneous — Iran- United States Algiers Declarations, 1981 — lran — United States Claims Tribunal — Authority of United States President to settle claims in United States courts against Iran — Whether claims not within jurisdiction of Claims Tribunal could revive — The law of the United States
State responsibility — Claims — State control over private claims — Iran-United States Algiers Declarations, 1981 — Executive order implementing Declarations — Authority of the President of the United States to settle claims in United States courts against Iran — Nullification of attachment of Iranian property — Whether authorized by International Emergency Economic Powers Act or Hostage Act — Intention and purpose of Hostage Act — Whether Iranian hostage crisis within scope of Act — Foreign Sovereign Immunities Act 1976 — Purpose of — Whether intended to divest President of authority to settle claims of United States nationals against foreign governments — Whether claims not within jurisdiction of Iran-United States Claims Tribunal could revive — Whether suspension of attachments a “taking” of property requiring just compensation under United States Constitution — Jurisdiction of United States Court of Claims — Treaty exception clause — Whether precluding Court of Claims from hearing claims for taking in the future — The law of the United States
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- © Cambridge University Press 1987