Banco Nacional de Cuba v. Sabbatino (1963)
- Docket
- 16
- Decided
- 1963-01-01
- Category
- General
Summary
Question: May the courts of the United States refuse to give effect to decrees of a foreign sovereign government where the decree violates common international law? Conclusion: No. In an 8-1 decision, Justice John M. Harlan wrote the majority opinion reversing the lower court. The Supreme Court held that it will not decide the validity of a decree by a foreign government absent a treaty or other agreement. It did not matter that the taking violated customary international law. The majority noted that a judicial decision on this issue without a treaty would strain U.S.-Cuba relations. Justice Byron R. White wrote a dissent, stating that he would decide the case on the merits, absent any specific objection to examining Cuba’s law under international law.