D.C. Circuit Addresses FSIA in German Art Case
In the years before World War II, the Nazi government in Germany allegedly stole an art collection belonging to a Jewish industrialist. His descendants who live in the United States sued Germany in Toren v. Federal Republic of Germany. They argue that Germany is not immune from suit under an exception to the Foreign Sovereign…
Continue ReadingA View of Transnational Litigation from the State Department
I recently had the pleasure of reading Footnotes to History: Law and Diplomacy by TLB contributor Mark Feldman. Mark spent sixteen years (1965-1981) at the U.S. State Department’s Office of the Legal Adviser, where he helped write the Foreign Sovereign Immunities Act (FSIA), the Foreign Corrupt Practices Act, and the Iran Claims Settlement Agreement. The…
Continue ReadingCase Brought by Jamal Khashoggi’s Widow Dismissed
Hanan Elatr Khashoggi sued Israeli spyware companies in connection with the death of her husband, journalist Jamal Khashoggi. A critic of the Saudi government, Khashoggi was killed in Istanbul, Turkey at the Saudi Arabian consulate. Last year, Judge John Bates (D.D.C.) dismissed a civil suit against Saudi Crown Prince Mohammed bin Salman on grounds of…
Continue ReadingFurther Thoughts About Terrorism Exceptions and State Immunity
As regular readers know, Iran has sued Canada at the International Court of Justice (ICJ), arguing that the terrorism exceptions in Canada’s State Immunities Act (SIA) violate customary international law. The United States also has terrorism exceptions in its Foreign Sovereign Immunities Act (FSIA) for actions against state sponsors of terrorism and for actions based on international terrorism in the…
Continue ReadingFederal Court in Nevada Allows Ethiopia Bribery Claims to Move Forward
In a fascinating decision, the District Court for the District of Nevada (Judge Richard Boulware) recently allowed civil RICO claims to proceed against a Nevada resident based on bribery in Ethiopia, while dismissing claims against Ethiopian government entities under the Foreign Sovereign Immunities Act (FSIA). Fremichael Ghebreyesus v. Federal Democratic Republic of Ethiopia not only…
Continue ReadingGovernmental and Non-Governmental Acts in Terrorism Exceptions to Sovereign Immunity
The Islamic Republic of Iran (“Iran”) brought proceedings in the International Court of Justice (“ICJ”) against Canada on June 27, 2023, alleging that Section 6.1(1) of Canada’s State Immunity Act (SIA), its “terrorism exception,” violates Iran’s sovereign immunities from jurisdiction and enforcement under customary international law. Section 6.1(1) creates an exception to the jurisdictional immunity…
Continue ReadingProposed Legislation to Amend the Foreign Sovereign Immunities Act
Representatives Adam Schiff, Betty McCollum, and Gerry Connolly have introduced the Jamal Khashoggi Protection of Activists and Press Freedom Act of 2023. The purpose of the legislation is to protect free speech advocates and journalists. The press release announcing the draft legislation notes the murder five years ago of journalist Jamal Khashoggi “at the hands…
Continue ReadingThrowback Thursday: Eighty Years of Ex Parte Republic of Peru
Back in 1943, the Supreme Court issued its opinion in an admiralty case against the Ucayali, a Peruvian steamship. A Cuban company brought the in rem action in a federal district court in Louisiana alleging that the steamship violated a charter agreement by failing to carry a cargo of sugar from Peru to New York….
Continue ReadingConstitutional Issues in the Sudan Claims Resolution Act
District courts and the Court of Appeals for the District of Columbia have recently issued opinions addressing constitutional issues in litigation against Sudan. The United States and the Republic of Sudan signed an agreement (the Claims and Dispute Resolution Agreement) designed to improve diplomatic relations between the two countries, to promote democracy in Sudan, and…
Continue ReadingChina Adopts Restrictive Theory of Foreign State Immunity
On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here). When the law enters into force on January 1, 2024, China will join those countries—a clear majority—that have adopted the restrictive theory of foreign state immunity. For…
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