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''Banco Nacional de Cuba v. Sabbatino'', 376 U.S. 398 (1964), was a United States Supreme Court case that determined that the policy of United States federal courts would be to honor the Act of State Doctrine, which dictates that the propriety of decisions of other countries relating to their internal affairs would not be questioned in the courts of the United States. == Background == In July 1960, the Cuban government retaliated against the United States for various measures imposed against the Castro government by expropriating property held by U.S. citizens in Cuba. This included the seizure of sugar owned by a company called C.A.V. A different American company, Farr, Whitlock & Co. had contracted to buy this sugar from C.A.V., but after it was seized, they bought it directly from the Cuban government. After receiving the sugar, however, Farr, Whitlock & Co. did not pay the Cuban government; instead, they paid C.A.V.'s legal representative, Sabbatino. The plaintiff, the National Bank of Cuba (acting on behalf of the Cuban government) filed a lawsuit in the United States District Court for the Southern District of New York against the defendant, Sabbatino, to recover the money paid for the sugar. The District Court and the Court of Appeals ruled in favor of the defendant, and the case was appealed to the Supreme Court. The issue taken by the Supreme Court was whether to apply the Act of State doctrine, which would uphold the legality of the expropriation because it was an official act of another country, not subject to question in US courts. The defendant contended that the doctrine was inapplicable for three reasons: # Because the act in question was a violation of international law; # Because the doctrine should not be applied unless the Executive branch asks the court to do so; # Because Cuba had brought the suit as a plaintiff and had given up its sovereign immunity. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Banco Nacional de Cuba v. Sabbatino」の詳細全文を読む スポンサード リンク
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