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Case Citations [1] (Spring 2025)

handle is hein.ali/rethdfr0052 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2025 Citations 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 C.A.D.C.2024. Subsec. (2) cit. in case cit. in disc. Corporate parent of multiple subsidiaries in Cuba filed an action under the Cuban Liberty and Democratic Solidarity Act against entities owned by the Cuban government, alleging that defendants were trafficking in oil-and-gas assets that the Cuban government had expropriated from subsidiaries without compensation. The district court denied in part defendants' motion to dismiss for lack of jurisdiction. This court vacated and remanded, holding that plaintiff failed to allege that its interest in the assets as a shareholder and parent of subsidiaries was a property interest that was protected by the customary international law of expropriation. The court rejected plaintiff s arguments based on decisions by the Iran-United States Claims Tribunal, citing Restatement Third of Foreign Relations § 102 in noting that those decisions involved specific, bargained-for agreements that were subject to governing law distinct from customary international law. Exxon Mobil Corporation v. Corporacion CIMEX, S.A., 111 F.4th 12, 28. § 103. Evidence of International Law C.A.D.C.2024. Com. (b) quot. in sup. Corporate parent of multiple subsidiaries in Cuba filed an action under the Cuban Liberty and Democratic Solidarity Act against entities owned by the Cuban government, alleging that defendants were trafficking in oil-and-gas assets that the Cuban government had expropriated from subsidiaries without compensation. The district court denied in part defendants' motion to dismiss for lack of jurisdiction. This court vacated and remanded, holding that plaintiff failed to allege that its interest in the assets as a shareholder and parent of subsidiaries was a property interest that was protected by the customary international law of expropriation. The court relied in part on decisions by the International Court of Justice that confirmed that international law generally did not recognize a shareholder's right in property owned by the corporation, noting that, under Restatement COPYRIGHT 02025 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.