Scribd Logo
Upload

Welcome to Scribd!

  • 190 views

    Banco NAcional de Cuba v. Sabbatino (To Be Emailed Later)

    Uploaded by

    MonicaLumague
    The document summarizes the 1964 US Supreme Court case Banco Nacional v. Sabatinno. It discusses how Cuba passed a law allowing expropriation of American-owned property in Cuba in response to reduced sugar quotas. The Cuban bank sued in US courts to recover proceeds from expropriated property. Lower courts ruled against Cuba, finding the expropriation violated international law. However, the Supreme Court reversed, finding that under the act of state doctrine, US courts cannot question the validity of a foreign sovereign's acts within its own territory. The ruling honored Cuba's act of expropriation within its own borders.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Banco NAcional de Cuba v. Sabbatino (To Be Emailed Later)

    Uploaded by

    MonicaLumague
    190 views1 page
    The document summarizes the 1964 US Supreme Court case Banco Nacional v. Sabatinno. It discusses how Cuba passed a law allowing expropriation of American-owned property in Cuba in response to reduced sugar quotas. The Cuban bank sued in US courts to recover proceeds from expropriated property. Lower courts ruled against Cuba, finding the expropriation violated international law. However, the Supreme Court reversed, finding that under the act of state doctrine, US courts cannot question the validity of a foreign sovereign's acts within its own territory. The ruling honored Cuba's act of expropriation within its own borders.

    Original Description:

    Banco Nacional vs. Sabatinno

    Original Title

    Banco NAcional de Cuba v. Sabbatino (to Be Emailed Later)

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document summarizes the 1964 US Supreme Court case Banco Nacional v. Sabatinno. It discusses how Cuba passed a law allowing expropriation of American-owned property in Cuba in response to reduced sugar quotas. The Cuban bank sued in US courts to recover proceeds from expropriated property. Lower courts ruled against Cuba, finding the expropriation violated international law. However, the Supreme Court reversed, finding that under the act of state doctrine, US courts cannot question the validity of a foreign sovereign's acts within its own territory. The ruling honored Cuba's act of expropriation within its own borders.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    190 views1 page

    Banco NAcional de Cuba v. Sabbatino (To Be Emailed Later)

    Uploaded by

    MonicaLumague
    The document summarizes the 1964 US Supreme Court case Banco Nacional v. Sabatinno. It discusses how Cuba passed a law allowing expropriation of American-owned property in Cuba in response to reduced sugar quotas. The Cuban bank sued in US courts to recover proceeds from expropriated property. Lower courts ruled against Cuba, finding the expropriation violated international law. However, the Supreme Court reversed, finding that under the act of state doctrine, US courts cannot question the validity of a foreign sovereign's acts within its own territory. The ruling honored Cuba's act of expropriation within its own borders.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    LUMAGUE, MONICA V.

    CONSTITUTIONAL LAW I
    4YP1-A MON. 5:30-9:30 PM


    Banco Nacional v. Sabatinno 376 U.S. 398 (1964)
    On July 6, 1960, the Congress of the United States amended the Sugar Act of 1948 to permit a
    presidentially directed reduction of the sugar quota for Cuba; the Cuban Council of Ministers then
    adopted "Law No. 851," which characterized the reduction in the Cuban sugar quota as an act of
    "aggression, for political purposes" on the part of the United States, justifying the taking of
    countermeasures of Cuba which provided for the compulsory expropriation of all property and
    enterprises, and of rights and interests arising therefrom, of certain listed companies, including C.A.V.,
    wholly or principally owned by American nationals, which had been violated by an American sugar
    distributor in the name of Farr, Whitlock who refused to do so.
    Petitioner (Banco Nacional de Cuba), then brought an action for conversion of the bills of lading
    to recover payment from the broker and to enjoin from exercising dominion over the proceeds arguing
    that the Cuban nationalization was an official Act of State and should be honored by the US, but the
    court nevertheless rendered summary judgment against the petitioner, ruling that the act of state
    doctrine was inapplicable when the questioned act violated international law, the Court of Appeals
    affirmed the decision additionally relying upon two State Department letters which it took as evidencing
    willingness by the Executive Branch to a judicial testing of the validity of the expropriation.
    When the case reached the highest court, the US Supreme Court reversed the decision of the
    Court of Appeals, held that Cuba is not barred from access of the US Federal Courts and ruled that the
    policy of the US Federal Court was to honor the Act of State Doctrine presented by the Cuban
    government which states that a nation is sovereign within its own borders and its domestic actions may
    not be questioned in the courts of another nation.
    The act-of-state doctrine is a common-law principle that prevents U.S. courts from questioning
    the validity of a foreign country's sovereign acts that take place within its own territory and says that
    courts should not decide cases that would interfere with their country's foreign policy.

    You might also like