Mingtai Fire & Marine Insurance v. United Parcel Service

177 F.3d 1142, 99 Daily Journal DAR 4991, 99 Cal. Daily Op. Serv. 3912, 1999 U.S. App. LEXIS 10043, 1999 WL 326134
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 25, 1999
DocketNo. 98-15088
StatusPublished
Cited by20 cases

This text of 177 F.3d 1142 (Mingtai Fire & Marine Insurance v. United Parcel Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mingtai Fire & Marine Insurance v. United Parcel Service, 177 F.3d 1142, 99 Daily Journal DAR 4991, 99 Cal. Daily Op. Serv. 3912, 1999 U.S. App. LEXIS 10043, 1999 WL 326134 (9th Cir. 1999).

Opinion

O’SCANNLAIN, Circuit Judge:

We must determine whether adherence to the Warsaw Convention by the People’s Republic of China also binds Taiwan.

I

Mingtai Fire & Marine Insurance Co., Ltd. (“Mingtai”), insured a package, shipped by Gemtronics Corp. from Taipei, Taiwan to.San Jose, California, which was lost en route by United Parcel Service, the air carrier. Mingtai alleged that the lost package contained computer chips worth $83,454.80 and brought suit against United Parcel Service and United Parcel International, Inc. (collectively “UPS”), in the Northern District of California alleging, inter alia, loss of cargo under the Convention for the Unification of Certain Rules Relating to International Transportation by Air, Oct. 12, 1929, 49 Stat. 3000, T.S. No. 876 (1934), reprinted in note following 49 U.S.C.A. § 40105 (the “Warsaw Convention” or the “Convention”).

UPS answered that the Convention did not apply, and that its air carrier liability was therefore limited to the $100 released value provided by the air waybill. Upon the parties’ cross-motions for summary judgment, the district court so held, concluding that Taiwan, which is not a signatory to the Convention, was not bound by the People’s Republic of China’s (“China”) adherence to the Convention. The district court therefore upheld the limitation on liability provided by the air waybill, and entered summary judgment in Mingtai’s favor in the amount of $100.

Mingtai appeals.1

II

The Convention only applies to shipments between territories of signatories, otherwise referred to as “High Contracting Parties.” See Warsaw Convention, art. 1(2) (reprinted in note following 49 U.S.C.A. § 40105). The parties do not dispute that Taiwan is not a High Contracting Party, nor that China is a High Contracting Party. Thus, the sole question presented is whether China’s status as a High Contracting Party is sufficient to bind Taiwan to the terms of the Convention.

China signed the Convention with the declaration that the Convention “shall of course apply to the entire Chinese territory including Taiwan.” 2 Christopher N. Shawcross & Kenneth M. Beaumont, Air Law A17 (Peter Martin et al. eds., 4th ed.1977) (1997 supplement). Mingtai’s argument on appeal largely consists of the assertion that the United States’ recognition of China and derecognition of Taiwan require this court to honor China’s declaration that its adherence to the Convention binds Taiwan. The parties agree that the question of Taiwan’s status,' that is, whether derecognition rendered Taiwan bound by China’s adherence to international agreements, is a question for the political branches, rather than the judiciary. The parties merely dispute what the political branches have determined Taiwan’s status to be.

A

The determination of whether China’s adherence to the Convention binds Taiwan conflates two distinct areas of foreign relations: the effects of foreign sovereign recognition, and the status of treaties. It is axiomatic that “the conduct of foreign relations is committed by the Constitution to the political departments of the Federal Government; [and] that the propriety of the exercise of that power is not open to judicial review.” United States v. Pink, 315 U.S. 203, 222-23, 62 S.Ct. 552, 86 L.Ed. 796 (1942); accord Oetjen v. Central Leather Co., 246 U.S. 297, 302, 38 S.Ct. 309, 62 L.Ed. 726 (1918); see also Taiwan v. United States Dist. Ct. for the N. Dist. of Cal., 128 F.3d 712, 718 (9th Cir.1997) (recognizing “the ‘primacy of the Execu[1145]*1145tive in the conduct of foreign relations’ and the Executive Branch’s lead role in foreign policy”) (quoting First Nat’l City Bank v. Banco Nacional de Cuba, 406 U.S. 759, 767, 92 S.Ct. 1808, 82 L.Ed.2d 466 (1972)). Thus, the Supreme Court has repeatedly held that the Constitution commits to the Executive Branch alone the authority to recognize, and to withdraw recognition from, foreign regimes. See, e.g., Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 410, 84 S.Ct. 923, 11 L.Ed.2d 804 (1964) (“Political recognition is exclusively a function of the Executive.”). “[RJecognition of a foreign sovereign conclusively binds the courts,” Pink, 315 U.S. at 223, because determining “[w]ho is the sovereign, de jure or de facto, of a territory is not a judicial, but a political question,” Jones v. United States, 137 U.S. 202, 212, 11 S.Ct. 80, 34 L.Ed. 691 (1890). Thus, whether China is the sovereign, de jure or de facto, of the territory of Taiwan is a political question, and “[ojbjections to the underlying policy as well as objections to recognition are to be addressed to the political department and not to the courts.” Pink, 315 U.S. at 229.

Similarly, “governmental action ... must be regarded as of controlling importance” in determining the status of treaties. Baker v. Carr, 369 U.S. 186, 212, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962) (quoting Terlinden v. Ames, 184 U.S. 270, 285, 22 S.Ct. 484, 46 L.Ed. 534 (1902)); see also Then v. Melendez, 92 F.3d 851, 854 (9th Cir.1996) (recognizing that whether a treaty remains in force after a change in the sovereign status of one of the signatories is a political question). Thus, courts answer questions regarding the status of treaties following a change in the sovereign status of one of the relevant entities by deferring to the political branches’ understanding of the resulting obligations. See id. (deferring to the determination of the Executive Branch regarding the status of a treaty following Singapore’s independence from the United Kingdom). For example, in Clark v. Allen, the Supreme Court considered whether a 1923 treaty with Germany remained in force following World War II, “since Germany, as a result of its defeat and the occupation by the Allies, [ ] ceased to exist as an independent national or international community.” 331 U.S. 503, 514, 67 S.Ct. 1431, 91 L.Ed. 1633 (1947). Recognizing that this presented a political question, the Court simply considered whether the actions and statements of the “political departments” evinced an understanding that the treaty remained in force. See id. Similarly here, we look to the statements and actions of the “political departments” in order to answer whether, following recognition of China and dere-cognition of Taiwan, China’s adherence to the Warsaw Convention binds Taiwan.

B

As this court has noted, “[w]hen the United States established relations with [China] in 1979, it severed diplomatic relations with Taiwan.” Taiwan v. United States Dist. Ct.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rosemary D'augusta v. American Petroleum Institute
117 F.4th 1094 (Ninth Circuit, 2024)
Juliana Lu v. Central Bank of Rep. of China
610 F. App'x 674 (Ninth Circuit, 2015)
Persaud v. Caribbean Airlines Ltd.
33 F. Supp. 3d 139 (E.D. New York, 2014)
Corrie v. Caterpillar, Inc.
Ninth Circuit, 2007
Corrie Ex Rel. Corrie v. Caterpillar, Inc.
503 F.3d 974 (Ninth Circuit, 2007)
Leenardo v. Singapore Airlines Ltd.
140 F. App'x 661 (Ninth Circuit, 2005)
Alperin v. Vatican Bank
410 F.3d 532 (Ninth Circuit, 2005)
Alperin v. Vatican
Ninth Circuit, 2005
In Re the Extradition of Coe
261 F. Supp. 2d 1203 (C.D. California, 2003)
Bartolomeu v. China Airlines
53 F. App'x 406 (Ninth Circuit, 2002)
In re Air Crash at Taipei
211 F.R.D. 374 (C.D. California, 2002)
Miami Nation Indians v. DOI
Seventh Circuit, 2001

Cite This Page — Counsel Stack

Bluebook (online)
177 F.3d 1142, 99 Daily Journal DAR 4991, 99 Cal. Daily Op. Serv. 3912, 1999 U.S. App. LEXIS 10043, 1999 WL 326134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mingtai-fire-marine-insurance-v-united-parcel-service-ca9-1999.