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2013

Foreign Sovereign Immunities Act

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The Foreign Sovereign Immunities Act: The Roadblocks To Recovery, Sivonnia L. Hunt May 2013

The Foreign Sovereign Immunities Act: The Roadblocks To Recovery, Sivonnia L. Hunt

Seventh Circuit Review

This Article focuses on the Foreign Sovereign Immunities Act's (FSIA) state-sponsored terrorism exception and roadblocks created by judicial rulings in this area. Through litigation, courts expanded the FSIA beyond Congress' intent to allow injured U.S. citizens to bring state law claims in federal court for damages resulting from a terrorist action supported by a foreign state. However, other courts took a restrictive approach, barring these claims. This shift led Congress to revise the FSIA to carry out its true intent.

There are three parts to this Article. Part I introduces the FSIA and its original exception for state-sponsored terrorism. It …