Customary international law provides immunity to states from the jurisdiction of foreign national courts. The immunity extends to state agencies and to state-owned property, protecting them from adjudicatory jurisdiction and from enforcement measures. Foreign sovereign immunity has important exceptions, including for waiver, for some conduct or property related to commercial activity, and for some torts committed on the territory of the forum state. In the United States, all aspects of foreign sovereign immunity for cases in state or federal court are governed by a federal statute, the Foreign Sovereign Immunities Act.
A Primer on Foreign Sovereign Immunity
The immunity of states from the jurisdiction of foreign domestic courts is a long-standing and mostly uncontroversial principle of customary international law. The International Court of Justice has described foreign sovereign immunity as a procedural doctrine of international law, one that “derives from the principle of sovereign equality of the States.” As a practical matter,…
Continue ReadingSymposium on the FSIA at GW Law
This is just a reminder for those in the DC area that on Thursday and Friday the George Washington Law Review is hosting a symposium about the Foreign Sovereign Immunities Act, which turns 50 this month. The event is free. The full schedule and a link to register are available here.
Continue ReadingTwo New Nazi Art Cases
Two new cases have been filed seeking the return of artwork that was taken from Jewish people during the Nazi era. Both cases were brought under a 2024 California law, Cal. Civ. Proc. Code § 338.2, which allows for the filing of claims to “recover personal property stolen due to political persecution” within “six years…
Continue ReadingNatural Resources, Public Policy, and the New York Convention
Georgia (the country) recently argued in Enka Renewables LLC v. Georgia against the enforcement of an arbitral award that would purportedly violate U.S. public policy. Georgia relied on the U.S. public policy in favor of allowing other countries to control the natural resources within their own sovereign territories. But does the United States have such…
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