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Vol 21 No 11 Nov/Dec 2016

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Foreign Affairs Litigation in United States Courts

Edited by: John Norton Moore

ISBN13: 9789004257276
Published: September 2013
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £98.00



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Foreign Affairs Litigation in United States Courts collects essays by some of the nation’s top foreign affairs and international law experts to offer discussions on foreign sovereign immunity and the Foreign Sovereign Immunities Act, human rights litigation, foreign affairs taking actions with the Court of Federal Claims, the Foreign Claims Settlement Commission, and the Hague Convention on Choice of Court Agreements.

This is an indispensable resource for attorneys and government officials focused on the role of the courts in foreign affairs, actions against foreign governments in United States courts, the Act of State Doctrine, foreign sovereign immunity, the Foreign Claims Settlement Commission, foreign affairs takings actions in the Court of Federal Claims, and choice of court in international litigation.

Subjects:
Public International Law, Other Jurisdictions , USA
Contents:
Preface
Introduction

Foreign Sovereign Immunity and the FSIA
The Role of Courts in Foreign Affairs
Policy Options for the Obama Administration: Enforcement Provisions of the Foreign Sovereign Immunities Act as a Tool Against State Sponsors of Terrorism
Adjudicating Acts of State
Sovereign Immunity and the International Court of Justice: The State System Triumphant

Human Rights Litigation
Non-State Actors and the Alien Tort Claims Act
Equity, Damages and the Rule of Law
The Act of State Doctrine in Recent “Looted” Art Litigation

Foreign Affairs Takings Actions in the Court of Federal Claims
Foreign Affairs Takings: The Question of Foreign Plaintiff Standing

The Foreign Claims Settlement Commission
The Work of the Foreign Claims Settlement Commission of the United States
Lawsuits By Foreigners in the U.S. Courts and in the Foreign Claims Settlement Commission
International Claims and the Foreign Claims Settlement Commission
The Future of the Foreign Claims Settlement Commission Rests with the Modernization of its Jurisprudence: The Regrettable Results Arising from an Intersection between the Foreign Claims Settlement Commission and the US Insurance Industry, a Case Study

The Hague Convention on Choice of Court Agreements
The Hague Choice of Court Agreements Convention: A Useful Tool for the Transnational Litigator