Black’s Law Dictionary (9th ed.2009) (defining “accession” as “[a] method by which a nation that is not among a treaty’s original signatories becomes a party to it”). The issue before this court is thus whether — as of the crash of Flight BW 523 in 2011 — Guyana remained bound by the rights and obligations created when the United Kingdom signed the Convention. A. Legal Standard “It is well settled that ‘on the question whether [a] treaty has ever been terminated, governmental action in respect to it must be regarded as of controlling importance.’ ” N.Y. Chinese TV Programs, Inc. v. U.E. Enters., Inc., 954 F.2d 847, 852 (2d Cir.1992) (quoting Terlinden v. Ames, 184 U.S. 270, 285, 22 S.Ct. 484, 46 L.Ed. 534 (1902)); accord Blake v. Am. Airlines, 245 F.3d 1213, 1215-16 (11th Cir.2001) (<HOLDING>); Saroop v. Garcia, 109 F.3d 165, 171 (3d
holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states recognizing federal constitutional claim against the united states recognizing the delegation of authority to the united states attorneys holding that the plaintiff must demonstrate that defendants contacts with the united states as a whole support the exercise of jurisdiction consistent with the constitution and laws of the united states recognizing the controlling importance of governmental conduct in determining whether the warsaw convention which the united kingdom had signed on behalf of the colony of jamaica remained in force between the united states and the independent country of jamaica