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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

Georges R. Delaume
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Abstract

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 31 , Issue 5 , September 1992 , pp. 1220 - 1229
Copyright
Copyright © American Society of International Law 1992

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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.