People of Saipan v. United States Department of the Interior and Others

Abstract

International law in general — International comity — Comity as between the courts of the United States and the courts of the Trust Territory of the Pacific Islands — Relationship between United States and Trust Territory in respect of which the United States is the administering authority — Whether complaint that High Commissioner of the Trust Territory has acted contrary to the Trusteeship Agreement should be heard by United States or Trust Territory courts — The law of the United StatesStates as international persons — Composite and dependent States and territories — Mandated and trust territories — Sovereignty over mandated and trust territories — Whether administering authority has sovereignty — Trust Territory of the Pacific Islands — Whether United States sovereign — Whether Trust Territory Government a foreign sovereign government — Whether entitled to plead sovereign immunity — Degree of United States control — The law of the United StatesState territory — In general — Nature of territorial sovereignty — Trust territory — Whether administering authority has sovereignty over territory — Whether government of trust territory has sovereignty — Trust Territory of the Pacific Islands — The law of the United StatesJurisdiction — In general — Territorial jurisdiction — Over territory in general and persons and property situated therein — Presumption that United States legislation applies only to United States territory — When presumption rebutted — Whether United States environmental legislation applicable to Trust Territory of the Pacific Islands — The law of the United StatesJurisdiction — In general — Territorial jurisdiction — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Trust Territory of the Pacific Islands — Whether Trust Territory Government a foreign sovereign government entitled to plead sovereign immunity — Whether entitled to plead sovereign immunity in action alleging breach of Act of Congress — Immunity of Trust Territory Government before United States courts and courts of the Trust Territory — The law of the United StatesThe individual in international law — Aliens — Position of aliens — Plea of non-discrimination — Position of non-resident aliens before the United States courts — Citizens of the Trust Territory of the Pacific Islands — The law of the United StatesTreaties — Conclusion and operation — Operation and enforcement — Whether treaty confers rights upon individuals which may be enforced in municipal courts — Circumstances in which a treaty has direct effect — Availability of other methods of enforcement — Suitability of treaty for enforcement by municipal courts — Purposes of treaty — Charter of the United Nations — Trusteeship Agreement for the Former Japanese Mandated Islands — The law of the United StatesTreaties — Conclusion and operation — Effect on third parties — Charter of the United Nations — Trusteeship Agreement for the former Japanese Mandated Islands — Whether conferring upon individuals rights enforceable in municipal courts — The "law of the United StatesInternational organization and administration — The United Nations — Legal nature of the United Nations — Charter of the United Nations — Whether conferring upon individuals rights enforceable in municipal courts — Trusteeship system — Legal nature of trusteeship — Sovereignty in trust territory — Whether trusteeship agreement confers rights upon individuals — The law of the United StatesStates as international persons — Composite and dependent States and territories — Mandated and trust territories — Rights and duties of the administering authority — Trust Territory of the Pacific Islands — Trusteeship Agreement — Whether conferring upon Individuals rights enforceable in municipal courts — Nature of obligations imposed by the Agreement — Duty to protect the environment — Appropriate forum for hearing challenge to decision by Trust Territory Government — Whether Trust Territory Government a foreign government entitled to plead sovereign immunity — Whether United States has sovereignty over the Territory — Treaties — When conferring rights upon individuals — Jurisdiction — Capacity of United States Congress to legislate for the Trust Territory — Whether United States environmental legislation applicable in Trust Territory — Comity — Aliens — The law of the United States