The Foreign Sovereign Immunities Act and the Right of a Foreign State to Trial by Jury PDF Download

Author: New York State Bar Association. Committee on International Litigation. Commercial and Federal Litigation Section
Publisher:
ISBN:
Category : Immunities of foreign states
Languages : en
Pages : 64

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Author: Jennifer K. Elsea
Publisher: DIANE Publishing
ISBN: 1437938671
Category : Law
Languages : en
Pages : 20

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Book Description
This is a print on demand edition of a hard to find publication. On June 1, 2010, the U.S. Supreme Court decided in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. The ruling clarifies that officials of foreign governments, whether present or former, are not entitled to invoke the FSIA as a shield, unless the foreign state is the real party in interest in the case. The ruling leaves open the possibility that foreign officials have recourse to other sources of immunity or other defenses to jurisdiction or the merits of a lawsuit. Contents: Introduction; The FSIA; Circuit Split on Foreign Official Immunity; ¿Samantar v. Yousef¿; The FSIA: Post ¿Samantar¿; Options for Official Immunity Following ¿Samantar¿.

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations
Publisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 224

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Author: John Norton Moore
Publisher: Martinus Nijhoff Publishers
ISBN: 9004257284
Category : Law
Languages : en
Pages : 238

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Book Description
Foreign Affairs Litigation in United States Courts collects essays by some of the nation’s top foreign affairs and international law experts to offer discussions on foreign sovereign immunity and the Foreign Sovereign Immunities Act, human rights litigation, foreign affairs taking actions with the Court of Federal Claims, the Foreign Claims Settlement Commission, and the Hague Convention on Choice of Court Agreements. This is an indispensable resource for attorneys and government officials focused on the role of the courts in foreign affairs, actions against foreign governments in United States courts, the Act of State Doctrine, foreign sovereign immunity, the Foreign Claims Settlement Commission, foreign affairs takings actions in the Court of Federal Claims, and choice of court in international litigation.

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on International Law, Immigration, and Refugees
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 160

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Author: Ernest K. Bankas
Publisher: Springer Science & Business Media
ISBN: 9783540256953
Category : Law
Languages : en
Pages : 564

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Book Description
The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.

Author: Xiaodong Yang
Publisher: Cambridge University Press
ISBN: 0521844010
Category : Law
Languages : en
Pages : 941

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Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

Author: Xiaodong Yang
Publisher: Cambridge University Press
ISBN: 1139576615
Category : Law
Languages : en
Pages : 941

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Book Description
The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.

Author: Alexander Orakhelashvili
Publisher: Edward Elgar Publishing
ISBN: 1783472189
Category : Law
Languages : en
Pages : 558

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Book Description
This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state’s citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.

Author: Michael W. Gordon
Publisher: MICHIE
ISBN:
Category : Law
Languages : en
Pages : 494

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