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Goldstar (Panama) SA v. United States

United States.  16 June 1992 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State responsibility — Acts and omissions of State organs and officials — Executive action — United States military intervention in Panama — Subsequent looting of property — Whether United States liable to Panamanian nationals for failure to protect their interests — Hague Convention Respecting the Laws and Customs of War on Land, 1907 — Federal Tort Claims Act — Alien Tort Claims Act

War and armed conflict — Enforcement of the laws of war — Hague Convention Respecting the Laws and Customs of War on Land, 1907 — Whether creating private right of action in municipal courts — Civil action for alleged breach of treaty — Occupation — Duties of occupying power — Requirement to provide adequate police protection — Whether Convention creating private right of action in respect of alleged failure by occupying power to provide adequate police protection — Whether United States an occupying power in Panama

Jurisdiction — Extraterritorial — For breaches of international law — Alleged violation of Hague Convention Respecting the Laws and Customs of War on Land, 1907 — Jurisdiction of the United States court under the Alien Tort Statute and Federal Tort Claims Act

Relationship of international law and municipal law — Treaties — Whether creating private right of action — Criteria for determining whether Treaty self-executing

Treaties — Application by municipal courts — Whether treaties creating private right of action — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1994

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