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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/rethdfr0047 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE THE FOREIGN RELATIONS LAW OF THE UNITED STATES 3D PART I. INTERNATIONAL LAW AND ITS RELATION TO UNITED STATES LAW CHAPTER 1. INTERNATIONAL LAW: CHARACTER AND SOURCES § 102. Sources of International Law D.D.C.2021. Subsec. (2) quot. in case quot. in sup. Successor-in-interest of multinational corporation brought an action under the Cuban Liberty and Democratic Solidarity Act against Cuban state-owned companies, alleging that defendants used property expropriated from plaintiff's wholly-owned subsidiary by the government of Cuba. This court granted in part defendants' motion to dismiss, holding that the court lacked subject-matter jurisdiction over plaintiff's claims, because the expropriation of the property of plaintiff's subsidiary did not provide an exception to sovereign immunity under the Foreign Sovereign Immunities Act. The court reasoned that the expropriation did not take plaintiff's property right in violation of international law, as defined by Restatement Third of Foreign Relations Law § 102(2), because Cuba did not take over the entire enterprise of subsidiary. Exxon Mobil Corporation v. Corporaci6n CIMEX S.A., 534 F.Supp.3d 1, 27, 28. § 103. Evidence of International Law D.D.C.2021. Com. (b) quot. in sup. Successor-in-interest of multinational corporation brought an action under the Cuban Liberty and Democratic Solidarity Act against Cuban state-owned companies, alleging that defendants used property expropriated from plaintiff's wholly-owned subsidiary by the government of Cuba. This court granted in part defendants' motion to dismiss, holding that plaintiff did not possess a property right in subsidiary's expropriated property such that an exception to foreign sovereign immunity under the Foreign Sovereign Immunities Act applied, because Cuba did not take over the entirety of subsidiary's enterprise. Quoting Restatement Third of Foreign Relations Law § 103, Comment b, the court observed that, in determining whether the total destruction of subsidiary's assets was necessary for a finding that plaintiff was deprived of a property right, it afforded great weight to the views of the International Court of Justice. Exxon Mobil Corporation v. Corporaci6n CIMEX S.A., 534 F.Supp.3d 1, 28. COPYRIGHT C2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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