46.7 Sovereign Immunity. When Ferdinand Marcos was president of the Republic of the Philippines, he put assets

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46.7 Sovereign Immunity. When Ferdinand Marcos was president of the Republic of the Philippines, he put assets into a company called Arelma. Its holdings are in New York. A group of plaintiffs, Pimentel, joined a class-action lawsuit in a U.S. district court for human rights violations by Marcos. They won a judgment of $2 billion and sought to attach the assets of Arelma to help pay the judgment. At the same time, the Philippines established a commission to recover property wrongfully taken by Marcos. A court in the Philippines was determining whether Marcos’s property, including Arelma, should be forfeited to the republic or to other parties. The government of the Philippines, in opposition to the Pimentel judgment, moved to dismiss the U.S. court proceedings. The district court refused, and the U.S. Court of Appeals for the Ninth Circuit agreed that Pimentel should take the assets. The Republic of the Philippines appealed. What are the key international legal issues? [Republic of the Philippines v. Pimentel, ___ U.S. ___, 128 S.Ct. 2180, 171 L.Ed 131 (2008)

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Business Law Today Comprehensive

ISBN: 9780324595741

8th Edition

Authors: Roger LeRoy Miller, Gaylord A Jentz

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