This Comment argues that, in cases where a government that the executive branch has not formally recognized seeks access to a U.S. court, the court should defer to executive branch judgment. Part I of this Comment reviews the development of the case law on foreign governments binging suit in U.S. courts. Part II discusses the Second Circuit’s decision in National Petrochemical Co. of Iran v. The M/T Stolt Sheaf. Part III argues that determination of court access for a government not recognized formally by the United States is an executive branch function and should not be replaced by a court analysis of contracts between a foreign government and the United States. The Comment concludes that an executive branch statement of interest [. . .] best represents executive branch willingness to allow foreign government to bring suit in a U.S. court.
Jonas E. Herbsman,
Unrecognized Foreign Sovereign Court Access After National Petrochemical Co. of Iran v. M/T Stolt Sheaf,
12 Fordham Int'l L.J. 790
Available at: http://ir.lawnet.fordham.edu/ilj/vol12/iss4/6