The opinion, like the brief judgment previously released by the court, does not decide the important question of whether or not the Foreign Sovereign Immunities Act affords immunity to foreign states and state-owned enterprises in criminal cases.
Latest in Foreign Sovereign Immunities Act
What connection does the court battle over the subpoena of an unidentified state-owned company have to the Mueller investigation?
The Foreign Sovereign Immunities Act and the International Organizations Immunities Act should not be read to mean that the former governs all questions of the immunity of international organizations.
A summary of the latest Foreign Sovereign Immunities Act case to make its way to the Supreme Court.
Whether Russia can claim immunity in the DNC’s lawsuit may turn on “where” the DNC was hacked. Precedent in the D.C. Circuit indicates that answering that question isn’t easy.
A little-noticed bill to amend the Foreign Sovereign Immunities Act (“FSIA”) passed both houses of Congress in December and was signed into law by President Obama on Dec. 16, 2016. The bill (“ The Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (FCEJCA)” or “Art Museum Amendment”) narrows the expropriation exception in the FSIA to provide greater immunity for foreign states which send works of art to the United States for temporary exhibit. Unfortunately, the FCEJA may ultimately be more harmful than helpful to foreign states.
JASTA invites shrinkage of sovereign immunity abroad that will harm the United States and impede our antiterrorism activities, result in default judgments and refusals to pay rather than any justice to victims, and bizarrely privatizes antiterrorism by leaving it to litigants and judges to determine what states sponsor terrorism.
Legislation currently in Congress is likely to have unintended consequences and make it harder for the U.S. to protest infringements on U.S. sovereign immunity by other countries.
Curt Bradley and I have an op-ed in the NYT on the bill in Congress that aims to expose Saudi Arabia to lawsuits in American courts for its alleged connection to the 9/11 attacks. We argue that the bill would create a large exception to sovereign i