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| Schooner Exch v Mc Faddon |
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| Court ruled that states cannot exercise authority over other states. court isn't able to enforce jurisdiction because of absolute sovereign immunity |
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| court ruled sovereign immunity doesn't protect private acts--> because the state was engaging in commerce its acts were private |
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| court ruled when a government is acting as a participant in the market , then the acts are commercial |
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| Argentina v Amerada Hess shipping |
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| the court did not have jurisdiction over killing and torture because of the Foreign Sovereign Immunities Act only covered commercial acts. |
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| the court had jurisdiction because of the foreign sovereign Immunities Act was amended to include torture and extrajudicial killing |
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| 1st national City Bank v Bank of Cuba |
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| sovereign immunity is implicitly waived when a country sues in US courts, because it can be subject to counter suits |
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| court ruled that recognition required for head of state immunity. head of State immunity can be withheld and is subject to recognition |
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| Head of State Immunity does not extend to violations of International criminal law. Violating International criminal law can never be an official government function. |
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| court ruled that the embassy is inviolable but is not foreign territory. |
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| 3rd avenue associates v Permanent Mission of Zaire |
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| Court holding supports inviolability of diplomatic missions based the decision on customary law and article 22 of the Vienna Convention of Diplomatic Relations |
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| court sent a diplomat to prison after his criminal diplomatic immunity was waived by his country. civilians have request host country to request civil immunity to be waived. |
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| Rainbow Warrior (NZ v France) |
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| Court said that in order to claim force majeure in had to be absolutely impossible to fulfill the obligation. Distress is a circumstance precluding wrongfulness as long as the emergency is ongoing. |
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| the court said that necessity is a circumstance precluding wrongfulness if an eminent essential threat against national interests could be proven. |
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| Air Services Agreement Case (US v France) |
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| Court said that countermeasures are within the state's right during negotiations but cannot be initiated after arbitration has began |
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| Claims of the Finnish Ship Owners |
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| Court ruled that there is no need to continuing pursuing local remedies if the result is futile. |
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US Mexico General Claims Commission:
Court ruled, that if any governmental official at any level that does something that violates the state’s international obligations, the state is responsible whether they are acting ultra vires or not. |
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US Mexico General Commission:
The court ruled that the state is internationally responsible for the denial of procedural justice |
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US Mexico General Claim Commission:
Court ruled that, There is an international requirement that states try to take reasonable measure to:
1.prevent injury to aliens and
2.Promplty try to prosecute those who harm aliens |
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| The court ruled, Because the contract was international, the rights and the duties of the contract are held at an international level. Therefore, international law must be taken into consideration when making reparations. |
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