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Full-Text Articles in Law
The Future Of The Federal Common Law Of Foreign Relations, Ingrid W. Brunk
The Future Of The Federal Common Law Of Foreign Relations, Ingrid W. Brunk
Vanderbilt Law School Faculty Publications
The federal common law of foreign relations has been in decline for decades. The field was built in part on the claim that customary international law is federal common law and in part on the claim that federal judges should displace state law when they conclude that it poses difficul- ties for U.S. foreign relations. Today, however, customary international law is generally applied based upon the implied intentions of Congress, rather than its free-standing status as federal common law, and judicial evaluation of foreign policy problems has largely been replaced by reli- ance upon presidential or congressional action, or by …
The Immunity Of State Officials Under The Un Convention On Jurisdictional Immunities Of States And Their Property, David P. Stewart
The Immunity Of State Officials Under The Un Convention On Jurisdictional Immunities Of States And Their Property, David P. Stewart
Vanderbilt Journal of Transnational Law
The U.S. Supreme Court decided in Samantar v. Yousuf that claims of immunity by individual foreign officials in U.S. courts will be determined not under the Foreign Sovereign Immunities Act but instead under the common law, drawing on principles of international law. The 2004 UN Convention on the Jurisdictional Immunities of States and Their Properties represents the most recent and comprehensive international thinking on the question of jurisdictional immunities of foreign states and their officials in foreign courts. Under the Convention, individual representatives of a state acting in that capacity are entitled to the same immunities as the state itself. …
The Dog That Caught The Car: Observations On The Past, Present, And Future Approaches Of The Office Of The Legal Adviser To Official Acts Immnunities, John B. Bellinger Iii
The Dog That Caught The Car: Observations On The Past, Present, And Future Approaches Of The Office Of The Legal Adviser To Official Acts Immnunities, John B. Bellinger Iii
Vanderbilt Journal of Transnational Law
The Supreme Court's decision in Samantar v. Yousuf vindicated the position of the State Department's Office of the Legal Adviser, which had long argued that the immunities of current and former foreign government officials in U.S. courts are defined by common law and customary international law as articulated by the Executive Branch, rather than by the Foreign Sovereign Immunities Act of 1976. But the decision will place a burden on the Office of the Legal Adviser, which will now be asked to submit its views on the potential immunity of every foreign government official sued in the United States. The …
International Issues In Common Law Choice Of Law, Harold G. Maier
International Issues In Common Law Choice Of Law, Harold G. Maier
Vanderbilt Journal of Transnational Law
In the year 1274, Sir Hugh LaPape, knight, vassal, and retainer of his liege lord, Edward the First of England, stood on a hill outside the city of Florence, Italy, and wept. Four years before, Sir Hugh had set off for the Holy Land at the call of his king, leaving behind him a beautiful palace with tall towers, shining in the morning sun. Now he surveyed the remains of that palace, a pile of rubble, in growing anger. Although a vassal of the English king, Sir Hugh had some years before removed himself from England to Florence, Italy, where …
The Uniform Foreign Money-Judgments Recognition Act: A Survey Of The Case Law, Carol C. Honigberg
The Uniform Foreign Money-Judgments Recognition Act: A Survey Of The Case Law, Carol C. Honigberg
Vanderbilt Journal of Transnational Law
The Uniform Foreign Money-Judgments Recognition Act's genesis lay in the belief that a state's codification of its rules on the recognition of foreign money-judgments would increase the likelihood that similar judgments rendered by that state would be recognized abroad. The treatment of United States judgments in the courts of foreign nations concerned the Commissioners on Uniform State Laws because United States courts traditionally accord far better treatment to foreign judgments than is accorded United States judgments abroad. The recognition and enforcement of foreign judgments, or recognition practice, has long posed special problems because of the vast differences in the various …
The Bases And Range Of Federal Common Law In Private International Matters, Harold G. Maier
The Bases And Range Of Federal Common Law In Private International Matters, Harold G. Maier
Vanderbilt Journal of Transnational Law
During the past decade, there has been increasing attention on the part of legal scholars to the need for a clear statement outlining the divisions of state and federal power in this difficult area. In two important cases, the Supreme Court indicated renewed judicial interest in the problem. To date, however, the federal courts have not succeeded in establishing a uniform and workable guide by which the validity of state action may be judged in the absence of definitive federal policy. This deficiency has posed difficulties for state legislatures in arriving at law-making decisions and for the courts in testing …