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Republic of the Philippines v. Marcos and Others
Published online by Cambridge University Press: 01 January 2021
Abstract
Governments — Change of government — Effects — Action by new government to recover property allegedly misappropriated by former Head of State — United States foreign relations interests with regard to new government — Status in United States law of former Head of State
Relationship of international law and municipal law — Act of State and justiciability — Whether act of State doctrine operates to bar inquiry into legality of acts of former Head of foreign State — Whether acts concerned of a private or official character
State immunity — Head of State’s immunity — Whether applicable to former Head of State — Whether applicable in respect of private acts of Head of State — Alleged misappropriation of funds — Former Head of State not appearing in case — Whether other defendants entitled to raise plea of immunity on his behalf
Expropriation — Definition — Measures by new government to recover property allegedly misappropriated by former Head of State — Whether involving an expropriation — The law of the United States
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- © Cambridge University Press 1990