foreign sovereign immunity
40 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.

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…

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…

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

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…

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…

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.

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…

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…

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…

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.