28 USC § 1502 - Treaty cases

---
identifier: "/us/usc/t28/s1502"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 1502 - Treaty cases"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "1502"
section_name: "Treaty cases"
chapter_number: 91
chapter_name: "UNITED STATES COURT OF FEDERAL CLAIMS"
part_number: "IV"
part_name: "JURISDICTION AND VENUE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 646, 62 Stat. 942; May 24, 1949, ch. 139, § 88, 63 Stat. 102; Pub. L. 97–164, title I, § 133(e)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)"
---


# § 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.

---

**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 942; May 24, 1949, ch. 139, § 88, 63 Stat. 102; Pub. L. 97–164, title I, § 133(e)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

### Historical and Revision Notes

### 1948 Act

Based on title 28, U.S.C., 1940 ed., § 259 (, ).

Phrase “Except as otherwise provided by enactment of Congress” was inserted to cover cases where special Acts confer jurisdiction. (See , 1943, 97 Ct.Cl. 613, certiorari denied 63 S.Ct. 992, 318 U.S. 789, 87 L.Ed. 1155, and , 1873, 17 Wall. 439, 443, 21 L.Ed. 696.)

Words “not pending therein on ,” were omitted as obsolete.

Changes in phraseology were made.

### 1949 Act

This section, in amending , U.S.C., conforms with the provisions of act of  (ch. 959, § 25, ), 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.

## Editorial Notes

### Amendments

1992— substituted “United States Court of Federal Claims” for “United States Claims Court”.

1982— substituted “United States Claims Court” for “Court of Claims”.

1949—Act , struck out “or with Indian tribes” after “foreign nations”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1992 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1982 Amendment

Amendment by  effective , see , set out as a note under .