It was never unclear. The difference is that I can support my reasoning with a lot more than just one-liners. The characterization of NBC is self-limiting since it is A) applied to a set of circumstances that starkly contrasts with the circumstances the Supreme Court was rejecting in the appellee's argument, B) because of the uncanny resemblence to Vattel's exclusive definition of NBC, C) because of the placement of the sentence in the paragraph, D) because the exact sentence says "as distinguihed from" and E) because the definition and circumstances were affirmed more than 20 years later in a separate Supreme Court decsion. What do you have???
What do I have?
Reality.