Next, I will explore the evolution of the maritime law's actual possession rule in FSI litigation.
Assuming that there is a body of preexisting FSI common law (as confirmed in Samantar) and that admiralty's actual possession rule is part of that law, I will then examine whether Congress intended in the 1976 FSIA (and subsequent amendments (10)) to alter that common law, in whole or in part.
14) But the pre-FSIA common law of the actual possession rule in admiralty cases is suggestive of a different result; one that could be regarded as rather less deferential to executive branch positions.
But the common law surrounding admiralty's actual possession rules does appear to have a number of unexpected and significant consequences.
The next step is to determine whether the actual possession rule involving foreign sovereign claims to vessels and cargo in maritime cases was a feature of pre-FSIA doctrine.
The essence of the actual possession rule is that in order for a foreign state to assert immunity from the jurisdiction of U.
Clearly the Court was trying to harmonize earlier decisions (41) that appeared to categorically bar in rem admiralty actions involving a res (a vessel or cargo) under claim by the federal government, with a more "liberal" rule that permitted such arrests and actions to proceed when the actual possession of the government over the property was not being "disturb[ed]" or "invaded.
The Davis is thus the locus classicus of the actual possession rule for assertions of sovereign immunity in admiralty.
45) California denied the applicability of the actual possession rule, as enunciated in The Davis, to this different sovereign immunity context.
Overview, the development of Chinese loader has matured and will be more difficult to sustain a great future growth, but will not be in a negative growth and is expected the growth will be around 10%, because of: 1) a greater demand for replacement; 2) due to the huge demand of replacement, the actual possessions
will be in a slow growth, the stock will not lead to rapid saturation; 3) exports will continue to drive industry growth; 4) the demand of its downstream industry will not shrink.