§ 1502. Treaty cases

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 1502
June 25, 1948, ch. 646, 62 Stat. 942
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 942
1982
Federal Courts Improvement Act of 1982
Pub. L. 97–164 title I § 133(e)(1) · 96 Stat. 25
Substituted · 28 U.S.C. § 1502
Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”
Source evidence
Code amendment note
Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”.
Enacted provision · exact public law section
(1) Sections 1499, 1500, 1501, 1502, and 1503 of title 28, United States Code, are amended by striking out “Court of Claims” each place it appears and inserting in lieu thereof “United States Claims Court”.
1992
Court of Federal Claims Technical and Procedural Improvements Act of 1992
Pub. L. 102–572 title IX § 902(a)(1) · 106 Stat. 4506
Substituted · 28 U.S.C. § 1502
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”
Source evidence
Code amendment note
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
Enacted provision · exact public law section
(1) by striking “United States Claims Court” each place it appears and inserting “United States Court of Federal Claims”; and
Effective date note
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.

2 of 3 references resolved to an enrolled provision · 1 partial

Notes

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.

Editorial Notes

Amendments1949–1992 · 3 rounds

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”.

Statutory Notes and Related Subsidiaries

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.

Credits

1948–1992 · 4 acts

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

Show as published

(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.)