foreign sovereign immunity

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A view of the U.S. Supreme Court, with a cloudy sky

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.
Russian banknotes

Past Time to Liquidate Russian Assets

Russia, not Ukraine, should bear the costs of its unprovoked war. Russia’s gross illegality has unjustly enriched Russia, impoverished Ukraine, and imposed huge costs on their…
A view of the Russian Central Bank headquarters in downtown Moscow on May 26, 2022. (Photo by NATALIA KOLESNIKOVA/AFP via Getty Images)

Transferring Russian Assets to Compensate Ukraine: Some Reflections on Countermeasures

There is no doubt that Russia owes compensation for the damage caused to Ukraine. But a key practical difficulty in achieving compensation for Ukraine and its people for the damage…
Minister of Foreign Affairs of Canada Melanie Joly speaks during the Eleventh Emergency Special Session of the General Assembly on Ukraine, at UN headquarters

Canada’s Special Economic Measures Act Under International Law

Alternatives to SEMA would ensure that Canada abides by international law in pushing back against Russia's violation of the U.N. Charter
EU Building Lighted With Ukrainian Flag, Two EU Flags and One Ukrainian Flags in Front

Reparations for Ukraine: Three Proposals from Europe

Three European proposals seek to overcome or circumvent the key barrier to confiscation of Russian State-owned assets – the high level of immunity from enforcement that attaches…
Three workers in orange vests look through a pile of rock, with construction equipment in foreground and reconstructed bridge and Orthodox-style church in background.

Sovereign Immunity and Reparations in Ukraine

It would be hard to “unring” the bell of unilateral (and largely self-judging) exceptions to the protections traditionally afforded one State’s sovereign held by, or on the…
A person walks past a hospital destroyed by a Russian missile attack in the town of Selydove, Donetsk region

How to Make Russia Pay to Rebuild Ukraine

A system of collective countermeasures institutionalized through the U.N. can create pressure to bring Russia to the table.
Judges of the International Court of Justice stand at the opening of the session in the case of Equatorial Guinea v. France on February 17, 2020 in The Hague, Netherlands.

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…
Ukrainian and Russian flags.

Запитання та відповіді експертів щодо конфіскації активів у війні Росії проти України

As a matter of both law and fairness, resources to rebuild Ukraine should come from Russia. Effectuating this redistribution is, however, much more complicated than it might at…
Ukrainian and Russian flags.

Expert Q&A on Asset Seizure in Russia’s War in Ukraine

As a matter of both law and fairness, resources to rebuild Ukraine should come from Russia. Effectuating this redistribution is, however, much more complicated than it might at…
A photo shows the logo of the Turkish Halkbank on December 2, 2017 in Istanbul.

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.
Sen. Lindsey Graham (R) (R-SC) listens as Sen. Richard Blumenthal (L) (D-CT) speaks during a press conference at the U.S. Capitol May 10, 2022 in Washington, DC. Blumenthal and Graham introduced a Senate resolution affirming that the Senate views the actions of the Russian Federation, at the direction of President Vladimir Putin, as sponsoring acts of terrorism, and calls on the U.S. Secretary of State to designate the Russian Federation as a state sponsor of terrorism.

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.
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