Brigham Young University Prelaw Review


Brett Tolman


Libya, Sovereign Immunity, foreign investment, international law


The question of whether a foreign state should be granted sovereign immunity in cases of nationalization of a foreign investment was, in times past, rarely argued. Only when nationalization is the result of violations of international law are the acts of state denied immunity and susceptible to adjudication in the courts of foreign nations. On June 11, 1973 the Revolution Command Council of Libya issued Law No. 42 concerning the nationalization of the rights of Milton Bunker Hunt. The following argument will illustrate that because of commercial intent as well as discriminatory and compensatory violations of international law, the nationalization of the Bunker Hunt oil interests by Libya is an exception to foreign sovereign immunity and should therefore be subject to the courts of international law.

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