Hostname: page-component-cd9895bd7-dzt6s Total loading time: 0 Render date: 2024-12-23T17:12:54.035Z Has data issue: false hasContentIssue false

Millen Industries Inc and Others v. Co-ordination Council for North American Affairs

United States.  30 August 1988 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Relationship of international law and municipal law — Act of State and justiciability — United Sates act of State doctrine — Nature of act of State doctrine in United States law — Requirement of sovereign independence of State — Judicial restraint in matters of foreign relations — Whether doctrine applicable to foreign government not recognized by the United States — Taiwan — Non-recognition by the United States — Whether instrumentality of Taiwanese Government entitled to plead act of State defence in proceedings before United States court — Taiwan Relations Act

State immunity — Jurisdictional immunity — Commercial activity exception — Foreign government instrumentality — Transaction containing both sovereign and commercial elements — Whether falling within commercial activity exception — Decision turning on whether cause of action based on commercial or sovereign element of transaction — Whether defence of sovereign immunity available to foreign government not recognized by the United States — Taiwan — Non-recognition by the United States — Whether instrumentality of Taiwanese Government entitled to claim sovereign immunity in proceedings before United States courts — United States Foreign Sovereign Immunities Act 1976

Jurisdiction — Over foreign States — Principles on which one State may assert jurisdiction in respect of another — United States Foreign Sovereign Immunities Act 1976 — Whether Act the sole basis for exercise of jurisdiction over foreign States

Governments — Recognition — Effect of non-recognition — Taiwan — Non-recognition by United States — Taiwanese governmental instrumentality — Whether entitled to claim sovereign immunity and plead act of State defence in proceedings before United States court — Taiwan Relations Act — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1994

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)