Download or read book Sovereign Immunity Under Pressure written by Régis Bismuth and published by Springer Nature. This book was released on 2022-01-19 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States. Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity. Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation. Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States’ financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.

Download or read book The Law of Sovereign Immunity and Terrorism written by James Cooper-Hill and published by . This book was released on 2006-04-06 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Cooper-Hill is one of a very few lawyers to have conducted successful litigation against terrorist nations on behalf of victims of international terrorism. When his friend became the first hostage held in Baghdad during the 1992 Persian Gulf War, he became engaged in litigation against three terrorist nations: Iraq, Libya, and Sudan. Of the three judgements against Iraq that have been paid to date, two of them are cases in which Cooper-Hill represented the plaintiff. This path-breaking treatise explores the many stages involved when trying to thwart sovereign immunity and obtain damages against terrorist nations. Topics covered include pre-statutory U.S. administrative procedure, pre-1976 statutory exemptions, due process requirements, and collateral international terrorism law. Extensive appendices include the key laws and acts on sovereign immunity and compensation for victims of terrorist acts.

Download or read book The Cambridge Handbook of Immunities and International Law written by Tom Ruys and published by Cambridge University Press. This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.

Download or read book Samantar V Yousef written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2011 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. On June 1, 2010, the U.S. Supreme Court decided in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. The ruling clarifies that officials of foreign governments, whether present or former, are not entitled to invoke the FSIA as a shield, unless the foreign state is the real party in interest in the case. The ruling leaves open the possibility that foreign officials have recourse to other sources of immunity or other defenses to jurisdiction or the merits of a lawsuit. Contents: Introduction; The FSIA; Circuit Split on Foreign Official Immunity; ¿Samantar v. Yousef¿; The FSIA: Post ¿Samantar¿; Options for Official Immunity Following ¿Samantar¿.

Download or read book The Foreign Sovereign Immunities Act written by Nigel Lathrop and published by Nova Science Publishers. This book was released on 2014-04-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practical and legal hurdles, including the difficulty of locating hidden Al Qaeda members and the unfeasibility of enforcing judgements in terrorism cases, hinder victims' attempts to establish liability in U.S. courts against, and recover financially from, those they argue are directly responsible for the September 11 terrorist attacks. Instead, victims have sued numerous individuals and entities with only indirect ties to the attacks, including defendants who allegedly provided monetary support to Al Qaeda prior to September 11 2001. This book summarises the Foreign Sovereign Immunities Act (FSIA) and jurisdiction in cases against foreign defendants and analyses the recent court of appeals decision.

Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 3290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.

Download or read book Suits Against Terrorist States by Victims of Terrorism written by Beatrice V. Mohoney and published by Nova Science Publishers. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress amended the 1996 Foreign Sovereign Immunities Act (FSIA) to allow US victims of terrorism to sue designated State sponsors of terrorism for their terrorist acts. This book provides background on the doctrine of State immunity and the FSIA. It details the evolution of terrorist State exception and some of the resulting judicial decisions.

Download or read book State Immunity in International Law written by Xiaodong Yang and published by Cambridge University Press. This book was released on 2012-09-27 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

Download or read book Terrorism Litigation written by David J. Strachman and published by Lawyers & Judges Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: First edition published as: Cases and Materials on Civil Terrorism Law, 2008.

Download or read book The Commercial Activity Exception to State Immunity written by Katherine Reece Thomas and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this insightful book, Katherine Reece Thomas explores the constantly evolving nature of state immunity, providing a nuanced analysis of the tension between private and public law. The current rules on the commercial activity exception to state immunity are examined, in both international and domestic law settings, using recent case studies from key jurisdictions including the UK and the US.

Download or read book Cases and Materials on Civil Terrorism Law written by David J. Strachman and published by Lawyers & Judges Publishing. This book was released on 2008 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on civil terrorism law and practice, this text covers major cases as American victims have struggled to find justice through the legal system. The authors discuss the responsibility of the plaintiff to provide proof of liability, feasibility of lawsuits against terrorist organizations, and more.

Download or read book Justice Against Sponsors of Terrorism Act written by Subcommittee on Subcommittee on the Constitution and Civil Justice of the Committee on the Judiciary House of Representatives and published by Createspace Independent Publishing Platform. This book was released on 2016-12-10 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Justice Against Sponsors of Terrorism Act (JASTA) attempts to enhance the effectiveness of U.S. efforts at combatting terrorism and combatting terrorist financing by making those who provide financial support to foreign terrorist organizations liable for their conduct. JASTA essentially makes two changes to Federal law. First, it amends the Foreign Service Immunities Act to add the existing exceptions to the foreign sovereign immunity and exception for terrorist attacks that cause physical injury or death in the United States. Under current law, there appears to be some confusion or disagreement in the courts as the whether the Foreign Sovereign Immunity Acts tort exception waives the immunity of foreign governments that provide material support to foreign terrorist organizations that cause damage in the United States. JASTA makes clear that a foreign government that aids and abets a foreign terrorist organization in carrying out a terrorist attack on U.S. soil will not be immune from the jurisdiction of our court. Second, JASTA amends the Antiterrorism Act to clarify that those who aid, abet, or conspire with a foreign terrorist organization are subject to civil liability. By making these two changes to existing law, JASTA seeks to ensure that those, including foreign governments, who sponsor terrorist attacks on U.S. soil are held fully accountable for their actions.

Download or read book Finding the Tort of Terrorism in International Law written by Beth Van Schaack and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article - part of a symposium on civil litigation and terrorism - focuses on the potential of the Alien Tort Statute (ATS) to serve as a vehicle for asserting civil claims in U.S. courts for acts of terrorism. Although this paper primarily considers terrorism torts under the "law of nations" prong of the ATS (which requires a showing that the relevant prohibition is part of customary international law), terrorism torts may provide a vehicle for activating the ATS's dormant treaty prong as well, given the strong support for the terrorism treaties exhibited by the United States and the high degree of domestic incorporation of the crimes identified therein. One of the first modern cases to be filed under the Alien Tort Statute, Tel-Oran v. Libyan Arab Republic, immediately called into question the utility of the ATS as a counter-terrorism tool. Ever since, the statute has been relatively underutilized in this context, even while U.S. courts have gradually extended jurisdiction under the ATS over other international crimes. Meanwhile, the U.S. Congress has vastly expanded opportunities for U.S. nationals to pursue civil claims in domestic courts for acts of terrorism. For example, the Antiterrorism Act (ATA) enables U.S. nationals - as well as their estates, survivors, and heirs - to sue individuals responsible for personal, property, or business injuries incurred by reason of acts of international terrorism. U.S. victims and claimants may also sue states and state agents implicated in acts of terrorism under the Foreign Sovereign Immunity Act (FSIA), so long as the state itself has been specifically designated as a "sponsor of terrorism" by the Department of State or where the circumstances otherwise satisfy one of the codified exceptions to foreign sovereign immunity. As compared with these statutory causes of action for U.S. citizen victims and claimants, only the ATS has the potential to provide jurisdiction over civil claims arising out of acts of terrorism brought by non-nationals who have access to U.S. courts. This paper argues that the uncertainty surrounding the availability of the ATS to permit such terrorism claims reveals a lacuna in the United States' anti-terrorism statutory scheme. Since the U.S. Supreme Court issued its landmark opinion in Sosa v. Alvarez-Machain and finally set forth a methodology for considering actionable claims under the ATS, a few cases involving terrorism allegations have begun to work their way through the federal court system. Although it is still difficult to draw broad conclusions, the existing cases do demonstrate that the various federal statutes - the ATA, FSIA, and ATS - can work in tandem to provide causes of action to alien and U.S. plaintiffs injured in terrorist incidents. Furthermore, litigants are creatively utilizing multiple causes of action drawn from statutes, the common law, and international law to press their claims. While the federal courts have yet to definitively recognize a standalone cause of action for terrorism stricto sensu, developments in the law of terrorism at the international level reveal the gradual crystallization of a consensus set of elements that comprise a definitive prohibition against terrorism applicable to all but a narrow set of circumstances. What lingering definitional impasse exists highlights an unsettled and highly contentious area of international law: the legal categorization and consequences of attacks by unprivileged combatants against privileged combatants or military targets. In all other situations, the international law governing acts of terrorism is sufficiently precise, robust, and uncontroversial to support the recognition by the federal courts of a cause of action for terrorism under the ATS, assuming the other jurisdictional requirements are satisfied. Recognizing such causes of action will bolster the United States' counter-terrorism regime by enabling a broader array of victims of acts of terror to pursue the assets of individuals and groups that finance or otherwise support acts of terrorism.

Download or read book Foreign Sovereign Immunities ACT 2017 Edition written by Renvoi Press and published by . This book was released on 2016-12-12 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise printed edition of the Foreign Sovereign Immunities Act. This is a handy reference guide for law students, attorneys, or others who simply need to refer to the law. The 2017 edition includes the new Justice Against Sponsors of Terrorism Act, or JASTA, section to the Foreign Sovereign Immunities Act (FSIA). Contents include: 28 U.S. Code � 1330 28 U.S. Code � 1332 28 U.S. Code � 1391(f) 28 U.S. Code � 1441(d) 28 U.S. Code � 1602 28 U.S. Code � 1603 28 U.S. Code � 1604 28 U.S. Code � 1605 28 U.S. Code � 1605A 28 U.S. Code � 1605B 28 U.S. Code � 1606 28 U.S. Code � 1607 28 U.S. Code � 1608 28 U.S. Code � 1609 28 U.S. Code � 1610 28 U.S. Code � 1611

Download or read book Thinking about Terrorism written by Michael E. Tigar and published by American Bar Association. This book was released on 2007 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by one of the top trial lawyers alive today, this is Michael Tigar's look at how government through history has responded to terrorism, with an analysis of our own government's response to the attacks of 9/11, particularly in regard to our own civil liberties. When does safety at any cost undermine the very basis for our republic? This book is a must-read for anyone concerned with the state of our civil liberties today.

Download or read book When Does Sovereign Immunity Protect Property Owned by State Sponsors of Terrorism written by and published by . This book was released on 2016 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Terrorism and the Right to Resist written by Christopher J. Finlay and published by Cambridge University Press. This book was released on 2015-08-07 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic account of the right to resist oppression and of the forms of armed force it can justify.