The Immunity of State Officials Under The UN Convention on Jurisdictional Immunities of States and T
The U.S. Supreme Court decided in Samantar v. Yousuf that claims of immunity by individual foreign officials in U.S. courts will be...
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Jun 25, 2012
The Dog that Caught the Car: Observations on the Past, Present, and Future Approaches of the
The Supreme Court’s decision in Samantar v. Yousuf vindicated the position of the State Department’s Office of the Legal Adviser, which...
Jun 25, 2012
Foreign Official Immunity After Samantar
In Samantar v. Yousuf, the U.S. Supreme Court unanimously held that the Foreign Sovereign Immunities Act (FSIA) does not govern the...
Jun 25, 2012
The “Common Law Regime” of Foreign Sovereign Immunity: The Actual Possession Rule in Adm
It has been a long-standing rule in admiralty that in order for a foreign sovereign to assert immunity in U.S. courts, the res that is...
Jun 25, 2012
Samantar and Executive Power
This essay examines Samantar v. Yousuf in the context of broader debate about the relationship between federal common law and executive...
Jun 25, 2012
Head of State Immunity as Sole Executive Lawmaking
At the request of the Executive Branch, courts routinely dismiss private suits against sitting heads of foreign states. Congress has ...
Jun 25, 2012
State Immunity and Human Rights: Heads and Walls, Hearts and Minds
This Article suggests that arguments against the availability of state immunity as a bar to civil actions alleging internationally...
Jun 25, 2012
The Political Economy of Jus Cogens
This Article examines the basis of an asserted jus cogens exception to sovereign immunity. It demonstrates that the vision of jus cogens...
Jun 25, 2012
The International Law of State Immunity and Its Development by National Institutions
The proceedings between Germany and Italy currently pending before the International Court of Justice have revived interest in the legal...
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