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Open Access. Powered by Scholars. Published by Universities.®

2018

International Law

Cornell University Law School

Justice Against Sponsors of Terrorism Act

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"Mob-Legislating": Jasta's Addition To The Terrorism Exception To Foreign Sovereign Immunity, Rachael E. Hancock Jul 2018

"Mob-Legislating": Jasta's Addition To The Terrorism Exception To Foreign Sovereign Immunity, Rachael E. Hancock

Cornell Law Review

This Note explores the issues with the Foreign Sovereign Immunities Act that JASTA attempts to address, the likelihood of JASTA’s success, and whether or not JASTA is a desirable solution. Though the relatively recent nature of this addition renders the long-term impact difficult to assess, an examination of foreign sovereign immunity doctrine’s origins, evolution, and purpose provides sufficient information to make predictions about potential problems with JASTA. Part I briefly tracks the history of foreign sovereign immunity in the United States and the transition from an absolutist approach to a restricted approach. Part I also discusses the codification of the …