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De Sanchez v. Central Bank of Nicaragua

United States.  20 April 1981 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Sovereign immunity — Foreign State-owned corporations — Central bank — Restrictive theory of sovereign immunity — Commercial activity — Acts characterized by reference to their nature rather than their purpose — Need to consider acts upon which claim based rather than general activities of foreign entity — Whether central bank had acted in commercial capacity in issuing cheque drawn on a foreign bank or in exercise of governmental function of regulating foreign exchange — Exception to immunity in cases of confiscation of property in breach of international law — Exception to immunity in respect of tortious conduct causing injury in the United States — Whether tortious conduct has to take place inside the United States — Scope of Foreign Sovereign Immunities Act 1976 — Whether going beyond restrictive theory — Burden of establishing immunity — Act of State doctrine — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1982

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