declining to apply FTCA, in part, on basis that its venue provisions are “ill-suited” to extraterritorial application
How later courts described this case
- declining to apply FTCA, in part, on basis that its venue provisions are “ill-suited” to extraterritorial application
- an “indication that the [statute] was not intended to apply to Antarctica is the choice of law problem”
Written by the judges who cited it.
The opinion
FLETCHER, Circuit Judge,
concurring in part and concurring in the judgment:
I concur in all but Part II of the majority’s opinion. I subscribe to the holding of the D.C. Circuit in Beattie v. United States, 756 F.2d 91 (D.C.Cir.1984), that Antarctica is not a foreign country within the meaning of the FTCA. Nevertheless, I agree with the majority that it would be inconsistent with EEOC v. Arabian American Oil Co., 111 S.Ct. 1227 (1991), to hold that the FTCA applies to torts occurring in Antarctica. Accordingly, I concur in the result of the majority opinion.