LGST 219 - Class 24 Notes

LGST 219 - Class 24 Notes - CLASS 24 (Dec. 7): Sovereign...

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CLASS 24 (Dec. 7) : Sovereign Immunity 1] The modern view on Sovereign Immunity a. Restrictive Theory – immunity for sovereign acts, but not those of a commercial nature b. Also, if the state voluntarily submits to a court, then there is no sovereign immunity claim (b.i) Like if they sign a treaty to join OPIC, ICSID, ICC c. Once a state submits as a plaintiff to the court, it can no longer claim sovereign immunity. 2] Spain Wheat Shipment Case a. We have a case where the Spanish ministry of commerce is transporting on U.S. ships surplus wheat from the U.S. b. But the American ships are damaged and the Spanish ministry of commerce is being sued. c. The Spanish Commerce department says you can't sue us because we have sovereign immunity. d. To decide whether or not to give Sovereign Immunity to Spain, we have to look at the nature of the act. Is the nature of the act governmental or commercial? (d.i) The nature of the act is strictly commercial, but the purpose isn't to make a profit. It has a governmental component to it since it's a deal made between two governments. e. The case said to only use the nature of the act. Here they did not accept the sovereign immunity defense. f. The Foreign Sovereign Immunities Act of 1976 tries the same approach . According to the act, you are supposed to look at the nature of the act . (f.i) But courts don't do this. They don't do it consistently enough. They look beyond the nature of the act because they are afraid of messing up relations. 3] PEMEX v. Sedco Case (Oil Spill in Gulf/ PEMEX invokes Sovereign Immunity under Restrictive Theory/ nature of oil venture categorized as governmental) a. PEMEX is the Mexican government oil monopoly. Mexico has valuable oil resources and the Mexican government has decided to control them.
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b. But they have an oil spill in the Gulf and the Texan coastline is harmed. So the Texan
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This note was uploaded on 01/11/2012 for the course LGST 219 taught by Professor Anne.mayer during the Fall '11 term at UPenn.

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LGST 219 - Class 24 Notes - CLASS 24 (Dec. 7): Sovereign...

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