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Republic of the Philippines v. Marcos and Others (No 2)
Published online by Cambridge University Press: 01 January 2021
Abstract
Governments — Change of government — Effects — Action by new government to recover property allegedly misappropriated by former Head of State — United States foreign relations interests with regard to new government and possible future governments — Status in United States law of former Head of State
Jurisdiction — Territorial — Acts in foreign country producing effects within the United States — Racketeering — Allegation that Government of the Republic of the Philippines a corrupt organization during presidency of Ferdinand Marcos — Whether disclosing violations of United States law — Racketeer Influenced and Corrupt Organizations Act — Extraterritorial jurisdiction — Injunctions — Interim injunction restraining dealings with property held by, or on behalf of, Mr and Mrs Marcos — Application to property situated outside United States
Relationship of international law and municipal law — Act of State and justiciability — Nature of United States act of State doctrine — Purpose of doctrine — Whether confined to preventing courts from embarrassing Executive in conduct of foreign relations — Request by current government of foreign State that United States courts inquire into actions of former Head of State — Executive indications that it wished courts to accede to this request — Whether decisive — Application of act of State doctrine to acts of Head of State — Whether confined to acts performed in official capacity — Distinction between official and private acts — Whether doctrine ceasing to apply when Head of State deposed — Relationship of act of State doctrine and political question doctrine — The law of the United States
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- © Cambridge University Press 1990