foreign sovereign immunity
40 Articles
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…
Politics, Not Law, Is Key to Confiscating Russian Central Bank Assets
The political and legal complications of using such proceeds to compensate Ukraine aren't trivial, but neither are they insurmountable.
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.
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…
Japan Cannot Claim Sovereign Immunity and Also Insist that WWII Sexual Slavery was Private Contractual Acts
In South Korea, two conflicting decisions by the Seoul Central District Court are testing the limited exceptions to sovereign immunity in a historic case of sexual violence in…
Will Iran’s New President be Held Accountable?
Raisi was directly involved in the summary execution of thousands of political prisoners in 1988. Is there a path to justice today?
The Meaning of the Supreme Court’s Ruling in Germany v. Philipp
Last week the U.S. Supreme Court decided Germany v. Philipp, a Holocaust expropriation case brought under the Foreign Sovereign Immunities Act (FSIA). Writing for a unanimous Court,…
Part 2 – Tanker, Jailer, Soldier, Sailor: Functional Immunity and the Enrica Lexie Award
At the heart of the Enrica Lexie dispute-- a clash between an Italian tanker and an Indian fishing boat-- lies a question of jurisdictional immunity: was India barred from exercising…
Part 1 – Tanker, Jailer, Soldier, Sailor: Functional Immunity and the Enrica Lexie Award
At the heart of the Enrica Lexie dispute-- a clash between an Italian tanker and an Indian fishing boat-- lies a question of jurisdictional immunity: was India barred from exercising…
Suing Foreign States in U.S. Courts
Since the enactment of the Foreign Sovereign Immunities Act (FSIA) in 1976, foreign sovereigns have become subject to a number of statutory exceptions to immunity in U.S. courts.…
The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts
On Monday, the Supreme Court issued its decision in Opati v. Republic of Sudan opening the door to victims of the 1998 U.S. embassy bombings in Nairobi and Dar es Salaam to pursue…