§ 1502. — Treaty cases.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1502]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 91--UNITED STATES COURT OF FEDERAL CLAIMS
Sec. 1502. Treaty cases
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, Sec. 88,
63 Stat. 102; Pub. L. 97-164, title I, Sec. 133(e)(1), Apr. 2, 1982, 96
Stat. 40; Pub. L. 102-572, title IX, Sec. 902(a)(1), Oct. 29, 1992, 106
Stat. 4516.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Sec. 259 (Mar. 3, 1911, ch.
231, Sec. 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, Sec. 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.
Section Referred to in Other Sections
This section is referred to in title 26 section 7422.
