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Chinese Assault Rifles, Giant Pandas, And Perpetual Litigation: The Rights Without Remedies Dead-End Of The Fsia, J. F. Hulston

Missouri Law Review

This Note will examine whether execution immunity under the FSIA may be considered sua sponte by a district court judge and the broad judicial considerations in preserving the narrow and restrictive view of the FSIA to the attachment of assets of a foreign state. To do this, this Note will review the facts and holding of Walters. This Note will then survey the legal background of sovereign immunity, the adoption of the "restrictive immunity" principle in the U.S., and the creation of the FSIA and the decisions of three appellate courts to adopt the uniform holding that district courts have …