Foreign Sovereign Immunities Act

Latest in Foreign Sovereign Immunities Act

Foreign Sovereign Immunities Act

Document: Supreme Court Decision in Rubin v. Islamic Republic of Iran

On Wednesday, the Supreme Court ruled 8-0 in Rubin v. Islamic Republic of Iran that Section 1610(g) of the Foreign Sovereign Immunities Act (FSIA) does not provide a freestanding basis for allowing parties that hold terrorism-related judgments under Section 1605(a) of the FSIA to attach and execute the property of foreign states that would otherwise be subject to sovereign immunity protections.

Donald Trump

Does President Trump Control Head-of-State Immunity Determinations in US Courts?

President Trump’s foreign business dealings and his own exposure to suit in foreign courts, Russian meddling in U.S. elections and cybersecurity more broadly, as well as the President’s thin-skinned, personal style of politics all illustrate the dangers of allowing the executive branch to make foreign official immunity determinations binding on the courts.

Foreign Sovereign Immunities Act

An Art Museum Amendment to the Foreign Sovereign Immunities Act

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.

Foreign Sovereign Immunities Act

Justice Against Sponsors of Terrorism Act: Initial Analysis

Congress has overridden President Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA). JASTA has been rightly criticized by other commentators (for example here and here); my purpose here is to analyze several of its important features and to raise some questions about how they will be interpreted.

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