Professor Ingrid Wuerth’s article on foreign official immunity is thorough, thoughtful and provocative, and it’s a privilege to make my first OJ appearance commenting on it. There is much to agree with in her analysis, and at the same time some questions to raise. Just over a year has now passed since the Supreme Court decided, in Samantar v. Yousuf, that...
Thanks to Opinio Juris for inviting me to comment on Foreign Official Immunity Determinations in U.S. Courts: The Case Against the State Department, Professor Ingrid Wuerth’s timely and insightful article. The springboard for the article is Samantar v. Yousuf, the 2010 U.S. Supreme Court decision which held that the Foreign Sovereign Immunities Act (FSIA) does not apply to individual government...
I am very pleased to be able to comment on Ingrid Wuerth’s recent article, Foreign Official Immunity Determinations in U.S. Courts: The Case Against the State Department. As readers of this blog are aware, the Supreme Court held in Samantar v. Yousuf that the Foreign Sovereign Immunities Act (FSIA) generally does not apply to suits against individual foreign officials, and...
The article, Foreign Officials Immunity Determinations in U.S. Courts: The Case Against the State Department, considers the executive branch’s power to make foreign official immunity determinations that are binding in U.S. courts. As many readers know, the Foreign Sovereign Immunities Act governs the immunity of foreign states in U.S. courts. This statute does not apply to the immunity of individual foreign...
Over the course of the next few days we are pleased to have Ingrid Wuerth discuss her article on Foreign Officials Immunity Determinations in U.S. Courts: The Case Against the State Department. Her article was recently published in the Virginia Journal of International Law. She argues that the text and structure of the Constitution, functional and historical...
Jean d’Aspremont’s supremely kind comments on my article require little response other than an expression of appreciation. Jean’s knowledge in this field is second to none, and the differences in our perceptions of these topics are minute. But it is, perhaps, worth clarifying my position on the recognition of coup regimes and the question of a democratic entitlement in international...
[Jean d’Aspremont is Associate Professor of International Law and Senior Research Fellow of the Amsterdam Center for International Law at the University of Amsterdam] Brad Roth’s timely and insightful article entitled ‘Secessions, Coups and the International Rule of Law: Assessing the Decline of the Effective Control Doctrine’ published in the Melbourne Journal of International Law deserves the greatest attention. Twelve years...
[Brad Roth is an Associate Professor of Political Science and Law at Wayne State University] The effective control doctrine that, in different forms, has governed the recognition of states and governments is unappealing at its core. Based on the principle of non-interference in civil strife within established international borders, the doctrine’s essential logic is that, with regard to internal efforts to...
[Dianne Otto is a Professor of Law at the University of Melbourne, where she directs the programme on International Human Rights Law] Two of the challenging questions that Gina Heathcote asks in her wonderfully provocative article are: What is a ‘feminist’ approach to the regulation of the ‘use of force’ in international law? What light is thrown onto this question by...
[Gina Heathcote is a Senior Teaching Fellow at the School of Oriental and African Studies] In my 2010 article in the Melbourne Journal of International Law (‘MJIL’), I explore two issues within a larger discussion of the impact of the war on terror on feminist scholarship in the international arena. The first issue is the role of feminist approaches in contemporary...
As a general matter, we agree with Professor Weber’s comments, especially in relation to development and climate change. While we have not in this article focused on developmental aspects of the global financial architecture, in fact, we both view this as the fundamental goal.[1] Development however is not a simple objective and no single set of solutions to the development...
[Rolf H Weber is a Professor for Civil, Commercial and European Law at the University of Zurich Law School and a visiting Professor at the University of Hong Kong] The contribution of Professor Douglas W Arner and Professor Ross P Buckley is an important piece to the lively debate about the (new) architecture of the global financial system. The exposé is...
