Foreign Sovereign Immunities Act (FSIA)
45 Articles
Supreme Court Narrows the FSIA’s Expropriation Exception (Again)
The decision in Hungary v. Simon has brought to an end 15 years of litigation against Holocaust victims in U.S. courts.
Hungary v. Simon Offers Supreme Court Stark Choice
Hungary v. Simon, argued Tuesday at the US Supreme Court, has significant implications for the Foreign Sovereign Immunities Act's expropriation exception.
Why Terrorism Exceptions to State Immunity Do Not Violate International Law
If the International Court of Justice approaches Iran’s claims against Canada the same way it approached Germany’s claims against Italy, Canada should prevail.
Iran’s ICJ Case against Canada Tests the Terrorism Exception to Sovereign Immunity
Iran’s ICJ Application alleges Canada’s designation of Iran as a state sponsor of terrorism and legislation allowing private plaintiffs to sue Iran in Canadian courts for terrorism-related…
After ICJ’s “Certain Iranian Assets” Judgment, Iran and United States Both Claim Victory
"[T]he Court determined that it could not order the United States to unfreeze nearly $1.75 billion in Iranian central bank assets but obligated the United States to compensate…
Expert Recap and Analysis of Halkbank Oral Argument at the Supreme Court
A breakdown of the key issues in a wide ranging oral argument on foreign sovereign immunity in criminal cases.
How Congress Should Designate Russia a State Sponsor of Terrorism
A better approach would be for Congress to impose additional targeted sanctions on Russia, but not through the one-size-fits-all state sponsor of terrorism designation.
Is MBS Entitled to Head of State Immunity?
A leading transnational law scholar on why MBS is not entitled to head of state immunity, the act of state doctrine does not bar claims in a civil suit arising from Khashoggi's…
Russia Should Not be Designated a State Sponsor of Terrorism
An analysis of why designating Russia a state sponsor of terrorism could harm the interests of the Ukrainian government and the people of Ukraine.
Meeting the Challenges of International Organizations’ New Threat Environment
Analysis of and recommendations for risk-mitigation planning, bolstering statutory immunity, international accountability, managing litigation & more.
NSO v. WhatsApp: Should the Solicitor General Recommend Allowing Foreign Corporations to Claim Immunity?
"The best position for the Solicitor General to take on the immunity of corporations is the one the Ninth Circuit adopted: 'If an entity does not fall within the Act’s definition…
NSO Group Loses Immunity Claim at the Ninth Circuit
In 2019, the messaging platform WhatsApp sued NSO Group, alleging that the Israeli company sent spyware through WhatsApp’s servers to approximately 1,400 mobile devises in violation…