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Republic of Panama v. Air Panama Internacional Sa and Others

United States.  14 June 1988 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Governments — Change of government — Effects — Change of government effected by unlawful or questionable means — New regime not recognized by neighbouring State — Control of State assets located abroad — Assets located in State not recognizing new regime — Panama — Ownership of Panamanian assets in United States

Recognition — Governments — Effect of recognition and non-recognition — Effects in law of recognizing State — Whether unrecognized government has standing to intervene in case — Dispute between recognized and unrecognized government over ownership of State assets abroad

Relationship of international law and municipal law — Conduct of foreign relations — Conclusiveness of recognition of foreign government by Executive — Political question doctrine

Relationship of international law and municipal law — Act of State and non-justiciability — United States act of State doctrine — Principle that United States courts will not question validity of act of foreign State performed within jurisdiction of foreign State — Head of foreign government appointing managerial personnel to State-owned national airline — Whether inquiry into legitimacy of appointments permitted under act of State doctrine

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether conferring rights upon individuals — United Nations Charter, 1946 — Charter of the Organization of American States, 1948 — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1994

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