Wednesday, October 9, 2019
Legal Aspects of Business Decisions individual 1(introduction to Essay - 1
Legal Aspects of Business Decisions individual 1(introduction to International law) - Essay Example The court concluded that Hong Kong is not a ââ¬Å"foreign stateâ⬠under the diversity statute, and, consequently, Matimak is not a ââ¬Å"citizen or subjectâ⬠of a ââ¬Å"foreign state.â⬠Issue(s): (1) whether Hong Kong is a ââ¬Å"foreign state,â⬠such that Matimak is a ââ¬Å"citizen or subjectâ⬠of a ââ¬Å"foreign stateâ⬠; (2) whether Matimak is a ââ¬Å"citizen or subjectâ⬠of the United Kingdom, by virtue of Hong Kongââ¬â¢s relationship with the United Kingdom when it brought suit; and (3) whether any and all non- citizens of the United States may ipso facto invoke alienage jurisdiction against a United States citizen. Reasoning: The fact that the Hong Kong Companies Ordinance may be ââ¬Å"ultimately traceableâ⬠to the British Crown is too attenuated a connection. Matimak was incorporated under Hong Kong law, the Companies Ordinance 1984 of Hong Kong, and is entitled to the protections of Hong Kong law only. Cf. Cedec Trading Ltd. v. United Am. Coal Sales, Inc., 556 F.Supp. 722, 723-24 & n. 2 (S.D.N.Y.1983) (holding that corporations of the Channel Islands, a province which is part of the United Kingdom proper, governed by British law, and whose foreign affairs are entirely controlled by the United Kingdom, is a citizen or subject of the United Kingdom); Compare St. Germain v. West Bay Leasing, Ltd., No. 81-CV-3945, at 6 (E.D.N.Y. Sep. 30, 1982) (holding that a corporation of the Cayman Islands, whose corporate law is clearly independent from the United Kingdoms, is not a citizen or subject of the United Kingdom). Matimak is not a ââ¬Å"citizen or subjectâ⬠of a foreign state. It is th us stateless. And a stateless personââ¬âthe proverbial man without a countryââ¬âcannot sue a United States citizen under alienage jurisdiction. Kantor v. Wellesley Galleries, Ltd., 704 F.2d 1088, 1092 (9th Cir.1983); Sadat v. Mertes, 615 F.2d 1176, 1183 (7th
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.