Mikronesischer Staatenbund, 27. August 2002 : Oberstes Gericht befindet nicht mehr über Land- und Wasserfragen

To amend Article XI, sections 6(a) and 6(b) of the Constitution of the Federated States of Micronesia
bydeleting the words "including the trial division of the Supreme Court" and inserting an exception
to the relevant Article that will prohibit or strip the National Courts of any jurisdiction whatsoever in
cases where ownership of land and waters are at issue regardless of the diversity of citizenship.

BE IT RESOLVED BY THE CONSTITUTIONAL CONVENTION:

Article XI, sections 6(a) and 6(b) of the Constitution of the Federated States of Micronesia shall
herebybe amended to read as follows:
"Section 6.
       (a)   The trial division of the Supreme Court has original and exclusive jurisdiction
in cases affecting officials of foreign governments, disputes between states, admiralty
or maritime cases, and in cases in which the National Government is a party except
where an ownership of land or waters is at issue.
       (b)   The national courts, including the trial division of the Supreme Court, have
concurrent original jurisdiction in cases arising under:
                     (i)   this Constitution;
                    (ii)   national law or treaties; and
                   (iii)   in disputes between a state and a citizen of another state, between
citizens of different states, between a state or a citizen thereof, and a foreign state,
citizen, or subject, and disputes between non-citizens; provided, that the national courts
including the trial division of the Supreme Court shall not have jurisdiction under
subparagraph (b)(iii) of this section in cases in which the ownership of land or waters
is at issue.
        (c)   When jurisdiction is concurrent, the proper court may be prescribed by statute."

ADOPTED: December 22, 2001