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Banco Nacional de Cuba v. First National City Bank

United States of America.  20 July 1967 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — Territorial — Expropriation of alien property — Expropriation by Cuba of New York deposits of Cuban banks — Consistency of such expropriation with public policy of State where deposits located — The law of the United States of America.

Jurisdiction — Territorial — Exemptions from — Foreign States — Waiver of immunity of foreign State by initiation of suit in courts of another sovereign — Extent of waiver — The law of the United States of America.

States as international persons — Recognition of acts of foreign States and Governments — Municipal law requirement that courts consider legality of expropriations by foreign State when contrary to international law — Legality of Cuban expropriations — Non-applicability of Act of State doctrine when disputed property is located within forum State at time of purported expropriation — Defence of sovereign immunity — Initiation by foreign sovereign of court proceedings in forum State as waiver of immunity — The law of the United States of America.

Type
Case Report
Copyright
© Cambridge University Press 1971

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