Lawfare Archive: The Past, Present and Future of Sovereign Immunity

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🗓️ 24 November 2022

⏱️ 67 minutes

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Summary

From December 11, 2020: This week, the Supreme Court returned once again to the complex and sometimes controversial Foreign Sovereign Immunities Act, or FSIA, that protects foreign sovereigns from litigation before U.S. courts. At the same time, Congress is once again debating new exceptions to the protections provided by the FSIA on issues ranging from cybercrime to the coronavirus pandemic, an effort that may risk violating international law and exposing the United States to similar lawsuits overseas. To discuss these developments and where they may be headed, Scott R. Anderson sat down with two leading scholars on sovereign immunity issues: Chimène Keitner, a professor at the UC Hastings School of Law and a former counselor on international law at the U.S. State Department, and Ingrid Wuerth, a professor at Vanderbilt University Law School and one of the reporters for the American Law Institute's Fourth Restatement on U.S. foreign relations law.

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1:01.5	Will Appleton with an episode from the LawFair archive for November 24, 2022?
1:21.7	In October of 2020, Hattiche Cheng is filed a lawsuit against Mohammed Bin Salman, the
1:27.4	Crown Prince of Saudi Arabia, alleging that Bin Salman issued a directive ordering the
1:32.2	assassination of her fiancee Jamal Khashoggi.
1:35.5	On November 17, 2022, the U.S. State Department submitted a filing in that case, recognizing
1:41.4	Bin Salman's sovereign immunity as a sitting head of state.
1:44.8	To better understand the law on sovereign immunity, I picked an episode from December 2020.
1:50.2	In the episode, Scott R. Anderson sat down with Shemen Kightner, an Ingrid Worth, to discuss
	...

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