Lawfare Archive: The Past, Present and Future of Sovereign Immunity
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 21 January 2023
⏱️ 65 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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Transcript
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| 0:00.0 | The following podcast contains advertising. |
| 0:04.4 | To access an ad-free version of the Lawfare podcast, become a material supporter of Lawfare at |
| 0:11.5 | patreon.com slash lawfare. That's patreon.com slash lawfare. |
| 0:18.2 | Also, check out Lawfare's other podcast offerings, Rational Security, Chatter, Lawfare No Bull, |
| 0:26.4 | and The Aftermath. |
| 0:46.5 | I'm Avery Smith's Internet Lawfare Lawfare with an episode from the Lawfare Archive for January 21, 2023. |
| 0:52.3 | This past Tuesday, the Supreme Court heard oral arguments in Hawke Bank of the United States, |
| 0:55.6 | a case which challenges prior interpretations of the Foreign Sovereign Immunities Act to protect state-owned entities. For today's archive episode, I chose |
| 1:01.9 | to revisit a conversation from December 11, 2020, in which Scott Anderson sat down with |
| 1:08.6 | Professor Shemann Keitner and Ingrid Worth to discuss |
| 1:12.3 | the Supreme Court's earlier rulings on foreign sovereign immunity and possible exceptions |
| 1:17.5 | which have been raised by federal legislators. This snapshot captured over two years ago |
| 1:22.9 | complements Wednesday's episode of the Lawfare podcast, wherein Anderson, again joined by Kitener and Worth, |
| 1:30.8 | discussed interpretations of the Foreign Sovereign Immunities Act |
| 1:34.1 | under Hallbank for the United States |
| 1:36.2 | and the possible outcomes of the case now pending before the court. |
| 1:44.0 | Music I'm Scott R. Anderson, and this is the Lawfare podcast for December 11, 2020. |
| 1:55.6 | This week, the Supreme Court returned once again to the complex and sometimes controversial Foreign Sovereign Immunities |
| 2:01.7 | Act, or FSIA, that protects foreign sovereigns from litigation before U.S. courts. |
| 2:07.4 | At the same time, Congress is once again debating new exceptions to the protections provided |
| 2:11.8 | by the FSIA on issues ranging from cybercrime to the coronavirus pandemic, an effort that may |
| 2:17.4 | risk violating |
... |
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