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Foreign Sovereign Immunity Doctrine: A Twail Perspective

Authors: Maryam Jamshidi;

Foreign Sovereign Immunity Doctrine: A Twail Perspective

Abstract

As Prof. B.S. Chimni has shown, while the international law of state jurisdiction masquerades as a technical procedural rule, it has long served the capitalist and imperialist interests of Western States—a revelation that aligns with Third World Approaches to International Law (‘TWAIL’). It is no surprise then that the international law on foreign sovereign immunity—which is a subset of the law of state jurisdiction—has also furthered the capitalist interests of Western countries. This tendency is reflected in the United States’ Foreign Sovereign Immunities Act, 1976 (‘FSIA’), which is one of the most important domestic foreign sovereign immunity regimes. Under the FSIA, foreign sovereigns are immune from the jurisdiction of U.S. courts unless an exception to immunity applies. Judicial approaches to the FSIA’s most central immunity exception—which relates to the commercial activity of foreign sovereigns—starkly demonstrate how U.S. capitalist interests are bolstered by this statutory regime. While few academics have explored this and other ways in which the FSIA furthers the capitalist, imperialist interests of the United States, the issue deserves more attention from TWAIL scholars given the FSIA’s global influence.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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