Advanced International Law (LAW-LW.11860.001)
Updated April 2009
© Benedict Kingsbury/IILJ, a Creative Commons license for use is granted as detailed here.
Unit 6: Immunity and Act of State in National Courts
I. Overview and Introduction
A. Overview and Background: Hazel Fox, Chapter 12 (in Evans, ed.)
B. The Development of Sovereign Immunity Law in the United States
a. The Classical View
b. The Tate Letter
c. The Tate Letter in Practice
II. The Foreign Sovereign Immunities Act of 1976
A. See FSIA [important to read*]
a. Jurisdiction of the Federal Courts
b. Immunity and Exclusion from Jurisdiction
c. Commencement of Action
d. Enforcement of Judgments
e. Actions in State Courts
4. Altmann v. Austria. Aftermath: an arbitration between Austria and Altmann determined the paintings
belonged to her, and she sold them.
B. Commercial Activity Here and Abroad
4. Jonathan B. Schwartz, Dealing with a “Rough State”: The Libya Precedent, 101 AJIL, 552 (2007).
III. Suing Current or Former Foreign State Officials in US Courts
A. Foreign Officials and Sovereign Immunity in US Courts, by Curtis Bradley(March 2009)
IV. Enforcement Problems in Suing Foreign Governments and Instrumentalities
V. The Act of State Doctrine
A. The Locus Classicus:
B. The Contemporary Approach of the Supreme Court:
C. Article on Kuwait Airways v. Iraq Airways
VI. Immunity of International Organizations
A. Chanaka Wickremasinghe, On Immunities of Diplomats, Government Officials, and Official of International Organizations (Ch. 13, in Evans, ed.).
B. Waite and Kennedy v. Germany, European Court of Human Rights, 26083/94.
C. Brzak v. United Nations, Judgment of US District Court, April 29, 2008 (an appeal has been filed);
D. Letter from the United States District Attorney to the Court, October 2, 2007.