CONFLICTING APPROACHES TO THE US COMMON LAW OF FOREIGN OFFICIAL IMMUNITY
成果类型：
Editorial Material
署名作者：
Bradley, Curtis A.
署名单位：
Duke University
刊物名称：
AMERICAN JOURNAL OF INTERNATIONAL LAW
ISSN/ISSBN：
0002-9300
DOI：
10.1017/ajil.2020.90
发表日期：
2021
页码：
1-19
关键词：
摘要：
For more than a decade, U.S. courts have struggled to develop a common law immunity regime to govern suits brought against foreign government officials, and they are now divided on a number of issues, including the extent to which they should defer to the executive branch and whether to recognize a jus cogens exception. This Editorial Comment considers a more conceptual division in the courts, between an effect-of-judgment approach that would confer immunity only when the judgment that the plaintiff is seeking would be directly enforceable against the foreign state, and a broader nature-of-act approach that would confer immunity whenever the plaintiff's case is challenging conduct carried out on behalf of the state. The Comment argues in favor of the nature-of-act approach and explains why analogies in this context to domestic civil rights litigation are misplaced.
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