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De Sanchez v. Banco Central de Nicaragua and Others

United States.  19 September 1985 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Economics, trade and finance — Currency regulation — Imposition and enforcement of currency controls a sovereign act — Act of central bank in issuing cheque drawn on account with bank in foreign State — Cheque issued in connection with bank's role in enforcing currency controls

Expropriation — Property of nationals — State taking property of own citizen — Whether within exceptions to sovereign immunity — Whether justiciable — Whether contrary to human rights standards

State immunity — Jurisdictional immunity — State-owned corporation — Central bank — Restrictive theory of immunity — Distinction between sovereign and commercial acts — Distinction based upon nature rather than purpose of act — Issue of cheque by central bank in context of currency regulation — Order to stop payment of cheque — Whether commercial or sovereign act

Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — Currency regulation by central bank — Whether justiciable — Relationship between sovereign immunity and act of State doctrine — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1992

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