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Author: Nute Alan Bonner Publisher: ISBN: Category : Diplomats Languages : en Pages : 160
Book Description
"The Supreme Court ruling in Samantar v. Yousuf resolved the split in the circuit courts with regard to whether defendants in civil lawsuits who were individual foreign officials could receive immunity under the Foreign Sovereign Immunities Act of 1976 (FSIA). The Supreme Court unanimously ruled that they could not. Under the common law, the Executive Branch may now continue to issue binding "suggestions of immunity" to the courts when determining whether to grant or deny immunity to an individual foreign official. This paper discusses the Court's reasoning behind its decision in Samantar and the reasons why the Executive Branch, and not the judiciary, should exercise primary control over immunity determinations for individual foreign officials in the future"--Page iii.
Author: Nute Alan Bonner Publisher: ISBN: Category : Diplomats Languages : en Pages : 160
Book Description
"The Supreme Court ruling in Samantar v. Yousuf resolved the split in the circuit courts with regard to whether defendants in civil lawsuits who were individual foreign officials could receive immunity under the Foreign Sovereign Immunities Act of 1976 (FSIA). The Supreme Court unanimously ruled that they could not. Under the common law, the Executive Branch may now continue to issue binding "suggestions of immunity" to the courts when determining whether to grant or deny immunity to an individual foreign official. This paper discusses the Court's reasoning behind its decision in Samantar and the reasons why the Executive Branch, and not the judiciary, should exercise primary control over immunity determinations for individual foreign officials in the future"--Page iii.
Author: Nigel Lathrop Publisher: Nova Science Publishers ISBN: 9781631173097 Category : Immunities of foreign states Languages : en Pages : 0
Book Description
Practical and legal hurdles, including the difficulty of locating hidden Al Qaeda members and the unfeasibility of enforcing judgements in terrorism cases, hinder victims' attempts to establish liability in U.S. courts against, and recover financially from, those they argue are directly responsible for the September 11 terrorist attacks. Instead, victims have sued numerous individuals and entities with only indirect ties to the attacks, including defendants who allegedly provided monetary support to Al Qaeda prior to September 11 2001. This book summarises the Foreign Sovereign Immunities Act (FSIA) and jurisdiction in cases against foreign defendants and analyses the recent court of appeals decision.
Author: Christian J. Tams Publisher: Oxford University Press ISBN: 0199653216 Category : Law Languages : en Pages : 429
Book Description
This book assesses the impact that pronouncements by the International Court of Justice (ICJ) have had on international law. It provides a comprehensive overview of the role of the ICJ in the contemporary law-making process.
Author: Edward Chukwuemeke Okeke Publisher: Oxford University Press ISBN: 0190611251 Category : Law Languages : en Pages : 409
Book Description
This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.
Author: Hazel Fox Publisher: OUP Oxford ISBN: 019166975X Category : Law Languages : en Pages : 692
Book Description
The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
Author: Curtis A. Bradley Publisher: Aspen Publishing ISBN: Category : Law Languages : en Pages : 1219
Book Description
A leading casebook on foreign relations law, authored by widely cited scholars who also have pertinent government experience, Foreign Relations Law: Cases and Materials, Eighth Edition examines the law that regulates how the United States interacts with other nations and with international institutions, and how it applies international law within its legal system. The book offers a compelling mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background and scholarship. These materials guide students through both longstanding as well as cutting-edge issues of constitutional law, statutory interpretation, administrative law, and federal jurisdiction as they relate to the conduct of U.S. foreign relations. New to the Eighth Edition: A new section on economic sanctions, reflecting the growing significance of this aspect of U.S. foreign policy Expanded discussion of executive authority relating to diplomacy A new section on state international agreements More streamlined coverage of both the Alien Tort Statute and the War on Terror as a result of developments since the last edition Updated notes and questions throughout the book to take account of recent cases, statutes, Executive Branch actions, and scholarship Benefits for instructors and students: Clear and logical progression of the materials, starting with the powers of government institutions and then proceeding to specific substantive topics Coverage of both cutting-edge legal developments and relevant historical background Integration of leading scholarship into the notes and questions rather than in long excerpts of secondary materials Balanced presentation of controversial topics, with probing questions to consider in class discussions Combination of theoretical analysis with practical insights from real-world examples