Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Arts and Humanities (2)
- Comparative and Foreign Law (2)
- Human Rights Law (2)
- Judges (2)
- Law and Society (2)
-
- Legislation (2)
- Anthropology (1)
- Common Law (1)
- Criminal Law (1)
- Economics (1)
- History (1)
- Holocaust and Genocide Studies (1)
- International Humanitarian Law (1)
- Jurisdiction (1)
- Law and Politics (1)
- Litigation (1)
- Other Arts and Humanities (1)
- Political Economy (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Law and Legal Theory (1)
- Public Policy (1)
- Rule of Law (1)
- Social and Behavioral Sciences (1)
- Social and Cultural Anthropology (1)
- Supreme Court of the United States (1)
- Transnational Law (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Nazi Stolen Art: Uses And Misuses Of The Foreign Sovereign Immunities Act, Vivian Grosswald Curran
Nazi Stolen Art: Uses And Misuses Of The Foreign Sovereign Immunities Act, Vivian Grosswald Curran
Articles
U.S. courts in Foreign Sovereign Immunities Act (“FSIA”) cases must interpret a comprehensive statute which has been said to stand or fall on its terms. At the same time, in Nazi-looted art cases, they do not ignore entirely the backdrop of the U.S.’ adoption of international principles and declarations promising to ensure the return of such art. To some extent, such an undertaking has been incorporated into a statutory amendment of the FSIA. The years 2021 and 2022 have seen major developments in the FSIA both at the U.S. Supreme Court and in the D.C. Circuit Court of Appeals in …
Appraising The U.S. Supreme Court’S Philipp Decision, Vivian Grosswald Curran
Appraising The U.S. Supreme Court’S Philipp Decision, Vivian Grosswald Curran
Articles
This article assesses the Foreign Sovereign Immunities Act (FSIA) after the Supreme Court’s recent decision in Germany v. Philipp. Philipp’s rejection of a genocide exception for a foreign state’s act of property expropriation comports with the absence of such an exception in the FSIA’s text. The article also suggests that the genocide exception as it had been developing was a detrimental development in FSIA interpretation, and was also harmful to international human rights law, inasmuch as it distorted the concept of genocide. The Philipp Court’s renewed focus on the international law of property, rather than of human rights, should …
The Foreign Sovereign Immunities Act's Evolving Genocide Exception, Vivian Grosswald Curran
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 nation other …