Diplomatic Immunity - Jurisdiction - Adequacy of Service by Mail on Foreign Government Agency: Petrol Shipping Corp. v. Kingdom of Greece, Ministry of Commerce, Purchase Directorate (2d Cir. 1966)

10 Pages Posted: 23 Feb 2013  

Martin H. Belsky

University of Akron - School of Law

Date Written: 1967

Abstract

United States courts have abandoned the classical or absolute theory of sovereign immunity and have followed recent State Department suggestions based on the national interest in the proper conduct of foreign relations and on the “restrictive theory” which distinguishes between a nation’s “public acts” (immune) and its “private acts” (not immune). Under this theory if the State Department does not suggest immunity, a court should deny immunity when the circumstances do not fall into the traditional categories of “public acts.” However, even under the restrictive theory, a court will consider the merits of a claim against a foreign state only after a claimant has shown that jurisdiction over the sovereign has been acquired and proper service has been effected. Sovereign immunity is only a basis for relinquishing jurisdiction previously acquired by presence, consent, long-arm statute, or in rem attachment.

Keywords: diplomatic immunity, jurisdiction, civil procedure, service by mail, foreign government

JEL Classification: K10

Suggested Citation

Belsky, Martin H., Diplomatic Immunity - Jurisdiction - Adequacy of Service by Mail on Foreign Government Agency: Petrol Shipping Corp. v. Kingdom of Greece, Ministry of Commerce, Purchase Directorate (2d Cir. 1966) (1967). Columbia Journal of Transnational Law, Vol. 6, 1967; U of Akron Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2219467

Martin H. Belsky (Contact Author)

University of Akron - School of Law ( email )

150 University Ave.
Akron, OH 44325-2901
United States

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