28-U.S.C.-1502

28-U.S.C.-1502

§1502 – Treaty Cases

Pathway

Title 28 > Part IV > Chapter 91 > Section 1502

Details

  • Reference: Section 1502
  • Legend: §1502 – Treaty Cases
  • USCode Year: 2013

Provision Content

Except as otherwise provided by Act of Congress, the United States Court of Federal Claims shall not have jurisdiction of any claim against the United States growing out of or dependent upon any treaty entered into with foreign nations.

(June 25, 1948, ch. 646, 62 Stat. 942; May 24, 1949, ch. 139, §88, 63 Stat. 102; Pub. L. 97–164, title I, §133(e)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, §902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

Historical and Revision Notes

1948 Act

Based on title 28, U.S.C., 1940 ed., §259 (Mar. 3, 1911, ch. 231, §153, 36 Stat. 1138).

Phrase Except as otherwise provided by enactment of Congress was inserted to cover cases where special Acts confer jurisdiction. (See Sioux Tribe of Indians v. United States, 1943, 97 Ct.Cl. 613, certiorari denied 63 S.Ct. 992, 318 U.S. 789, 87 L.Ed. 1155, and In re United States, 1873, 17 Wall. 439, 443, 21 L.Ed. 696.)

Words not pending therein on December 1, 1862, were omitted as obsolete.

Changes in phraseology were made.

1949 Act

This section, in amending section 1502 of title 28, U.S.C., conforms with the provisions of act of August 13, 1946 (ch. 959, §25, 60 Stat. 1056), which affected section 153 of the Judicial Code of 1911 by striking therefrom the words or with Indian tribes. Such section 153 of the Judicial Code was the source of such section 1502.

Amendments

1992—Pub. L. 102–572 substituted United States Court of Federal Claims for United States Claims Court.

1982—Pub. L. 97–164 substituted United States Claims Court for Court of Claims.

1949—Act May 24, 1949, struck out or with Indian tribes after foreign nations.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

U.S. Encyclopedia of Law Coverage

28-U.S.C.-1455 in the Legal Encyclopedia: Judiciary

In this entry about 28-U.S.C.-1455, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.

28-U.S.C.-1452 in the Legal Encyclopedia: Jurisdiction

In this entry about 28-U.S.C.-1452, find legal reference material, bibliographies and premiere content related to jurisdiction in the American Encyclopedia of Law, presenting a comprehensive view of the United States jurisdiction-specific issues, written by authorities in the field.

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