Download Free Claims Against Foreign Governments Book in PDF and EPUB Free Download. You can read online Claims Against Foreign Governments and write the review.

In 1976 Congress enacted the landmark Foreign Sovereign Immunities Act opening the doors of US federal courts to suits by private individuals against foreign governments. In the decades following, over 3000 cases have been brought and the instances of new cases are increasing as the US becomes more integrated into the world economy and foreign governments are behaving more like private entitles. While this development has created new opportunities for US attorneys to seek redress from foreign governments for their clients, the challenges presented by the complex rules governing Immunities Act cases, counterparts from radically different legal traditions, and unfamiliar terminology can befuddle even the most competent counsel. Since first publication of the book in 1988, "Suing Foreign Governments and Their Corporations" has become recognized as the standard handbook providing guidance on the intricacies of litigation under the Foreign Sovereign Immunities Act.
One consequence of the increasingly transnational nature of civil litigation is that U.S. courts must frequently address the interests of foreign sovereigns. These interactions arise primarily in three contexts: when a foreign government is the defendant in a U.S. court; when a claim requires a U.S. court to scrutinize actions taken by a foreign government; and when a U.S. court seeks to apply U.S. law to persons or conduct within a foreign government's borders. Each of these contexts invokes a narrative in which the engagement of U.S. courts interferes or conflicts with the prerogatives of a foreign sovereign. As a result, we typically consider the foreign relations implications of domestic adjudication within a paradigm that is oriented toward constraining the engagement of U.S. courts in matters involving foreign sovereign interests. What this approach ignores, however, is that foreign sovereigns are also plaintiffs in U.S. courts. A full account of the interactions between U.S. courts and foreign sovereigns must address cases in which foreign governments actively seek to engage U.S. judicial resources.This article sets out the first systematic analysis of claims filed in U.S. domestic courts by foreign sovereigns, drawing on an examination of almost 300 claims. It establishes a basic typology of such claims, and then uses three case studies to explore and challenge the paradigm outlined above. The final section of the article relies on the results of this examination to analyze developments in one particular context: the extraterritorial application of U.S. law. It argues that the narrative of “judicial imperialism” that has come to frame discussion in that area is neither accurate nor useful.