Gibbons and Beiseigel v. Udaras na Gaeltachta and the Industrial Development Authority of Ireland

Abstract

State immunity — Jurisdictional immunity — Foreign government agencies — Exceptions to immunity — Commercial activity exception — Definition of criteria of commercial activity — United States Foreign Sovereign Immunities Act 1976 — State agencies for development in the Republic of Ireland — Failure of business enterprise established under agreement with State instrumentalities — Jurisdiction of United States courtsRelationship of international law and municipal law — Treaties — Effect in municipal law — Whether treaty provision a waiver of immunityTreaties — Effect in municipal law — State immunity — Treaty provision as waiver of immunity — Republic of Ireland-United States Treaty of Friendship, Commerce and Navigation, 1950, Article XV(3) — The law of the United States