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Article contents
United States: Supreme Court Opinion in Republic of Argentina v. Weltover INC (U.S. Foreign Sovereign Immunities Act; Commercial Activity of Bond Issuance)*
Published online by Cambridge University Press: 18 May 2017
Abstract
- Type
- Judicial and Similar Proceedings
- Information
- Copyright
- Copyright © American Society of International Law 1992
Footnotes
[Reproduced from the Slip Opinion of the U.S. Supreme Court. The Introductory Note was prepared for International Legal Materials by Georges R. Delaume, Curtis, Mallet-Prevost, Colt & Mosle, and I.L.M. Corresponding Editor for International Arbitration.]
References
1 It is undisputed that both the Republic of Argentina and Banco Central are “foreign states” within the meaning of the FSIA. See 28 U.S.C. §§ 1603(a),(b) (“[F]oreign state” includes certain “agenc[ies] or instrumentalit[ies] of a foreign state”).
2 Argentina concedes that this issue “is before the Court only as an aid in interpreting the direct effect requirement of the Act” and that “[w]hether there is a constitutional basis for personal jurisdiction over [Argentina] is not before the Court as an independent question.” Brief for Petitioners 36, n. 33.