[William S. Hein & Co., Inc.] Foreign Sovereign Immunities Act

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FOREIGN SOVEREIGN IMMUNITIES ACT OF 1976 WITH AMENDMENTS: A Legislative
History of Pub. L. No. 94-583
By William H. Manz


Enacted in 1976, the Foreign Sovereign Immunities Act was intended to
facilitate and de-politicize litigation against foreign states and to
minimize the impact of such suits on foreign relations.  It was further
designed to provide comprehensive clarification as to when parties had
recourse to the courts when asserting claims against foreign states, to set
firm standards for when a foreign state could assert the defense of
sovereign immunity, and to provide a means for successful plaintiffs to
satisfy judgments against foreign states.

The Act also included the following provisions:

* Codifying the "restrictive" principle of sovereign immunity whereby a
sovereign state may only claim such immunity for a  
  state's public acts, and not its commercial or private acts.
* Insuring that the "restrictive" principle of sovereign immunity was
applied in U.S. courts by transferring the 
  determination of sovereign immunity from the executive to the judicial
branch, as it is in most other nations.
* Providing a statutory procedure for making service on (and obtaining
jurisdiction over) a foreign state.
* Ending the absolute immunity of foreign government assets for execution.

The Foreign Sovereign Immunities Act Amendments of 1988 extended the Act to
the important area of commercial arbitration.  The Act was further amended
by Section 221 of the Antiterrorism and Effective Death Penalty Act of 1996
that provided exceptions to the jurisdictional immunity of foreign states
for acts of torture, extra-judicial killing, aircraft sabotage, and hostage
taking.  Technical corrections made to this provision in 1997 clarified that
suits could be brought in U.S. courts seeking monetary damages for terrorist
acts if the victim or surviving claimant was an American citizen. 

This important legislative history contains all of the various reports,
hearings, debates, bill versions, and presidential documents, and it is a
valuable addition to any library's international law and government
collection.

The Set, 2
Volumes.....................................................................
......$225.00
SPECIAL SET SALE PRICE (Valid through 4/30/04-Please mention this offer when
ordering).......$199.00
Item #311000; ISBN 1-57588-628-6 (set); LC 00-25262
Published: Buffalo; William S. Hein & Co., Inc.; 2000
Recommended Publications for Legal Research, Bibliography, 2000, Page 7

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