Question
1.The Economic Development Ministry of the Republic of Bucolica enters into a commercial lease with a building owner in New York City to rent ground
1.The Economic Development Ministry of the Republic of Bucolica enters into a commercial lease with a building owner in New York City to rent ground floor shop space for operation of a retail store to sell expensive handicrafts and works of art created by artisans and artists in Bucolica.The lease provides for a 10-year term and includes a customary provision that requires the tenant to pay the landlord for all rent that would have been due over the term of the lease if the tenant defaults before the end of the lease term.Five years into the term of the lease, a new government in Bucolica decides that the store has not been profitable, closes the store and stops paying rent.The landlord then files suit against the government of Bucolica in the U.S. District Court for the Southern District of New York.
a.What is the governing U.S. statute concerning suits against foreign governments in this situation?(Name the statute.)
b.Can the landlord sue the government of Bucolica, which is a foreign sovereign nation?Why or why not?
c.If the landlord can file suit against the government of Bucolica, what type of suit would it be, civil or criminal?Please explain your choice.
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