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Discrimination

2019

International Law

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The Foreign Sovereign Immunities Act's Evolving Genocide Exception, Vivian Grosswald Curran Jan 2019

The Foreign Sovereign Immunities Act's Evolving Genocide Exception, Vivian Grosswald Curran

Articles

The Foreign Sovereign Immunities Act (FSIA) was passed by Congress as a comprehensive statute to cover all instances when foreign states are to be immune from suit in the courts of the United States, as well as when foreign state immunity is to be limited. Judicial interpretation of one of the FSIA’s exceptions to immunity has undergone significant evolution over the years with respect to foreign state property expropriations committed in violation of international law. U.S. courts initially construed this FSIA exception by denying immunity only if the defendant state had expropriated property of a citizen of a ...