48) Where sovereign immunity
jurisprudence requires strict construction of statutory waivers in favor of the sovereign, it is not inconsistent that a court would find that the absence of the term "United States" from FISA's civil-liability provision suggests that the United States maintains its sovereign immunity
with respect to claims arising under section 1810.
famously complained that sovereign immunity
had become "a mindless
In both eras, sovereign immunity
blocked serious, perhaps existential, threats to the public fisc.
The plan would prevent patent holders from renting sovereign immunity
to prevent federal courts, the U.
Leach's frustration is not unusual, said Michael Shaunessy, an Austin attorney with experience suing and representing government entities and who trains lawyers across the state on sovereign immunity
362) Nevada refused to apply its sovereign immunity
award limitation to California and the jury found against California in hundreds of millions of dollars.
JASTA is considered by many to undermine and weaken the fundamental doctrine of sovereign immunity
and there has been widespread criticism of JASTA, both within the US and internationally.
See Chase, supra note 26 (illustrating shift away from sovereign immunity
when dealing with terrorism); see also Terrorism Risk Insurance Act of 2002, supra note 13, (outlining necessary requirements to execute state-sponsor of terrorism's assets); see also Feldman, supra note 1, at 303-05 (describing history and purpose of FSIA); see also Crook, supra note 22 (setting forth purpose of sovereign immunity
Their contention was that it dilutes sovereign immunity
- one of the founding principles of international law - and may open legal avenues for citizens of foreign governments to take the U.
One such obstacle is the concept of sovereign immunity
It creates an exception to the sovereign immunity
law introduced in 1976, allowing Americans to sue foreign countries for acts of terrorism that kill Americans on US soil.
Under the title "JASTA and Weakening of Sovereign Immunity
," Al-Sharq wrote that the Saudi Council of Ministers confirmed yesterday in its weekly regular session that the US Congress' approval of JASTA is a source of concern to the international community in which relations are based on the principle of equality and sovereign immunity
, as this law came to weaken the immunity of the world guaranteed by the United Nations, its agencies and councils which were formed to preserve the legal sovereignty of all its member countries across the universe.
The United States was actually the first country to put the generalized theory of sovereign immunity
onto its statute books in the First Congress seated after approval of the US Constitution.
protections of sovereign immunity
for acts that violate jus cogens
I have argued for years that sovereign immunity
makes the most sense when government is providing its core services, particularly services that the market could not easily supply.