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Max Planck Encyclopedia of Public International Law [MPEPIL]

United States Foreign Sovereign Immunities Act (1976)

Ralph G Steinhardt

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 24 June 2019

Subject(s):
Immunity from jurisdiction, states — Act of state doctrine — Heads of state and other senior officials — US Alien Tort Statute — Torture

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The United States Foreign Sovereign Immunities Act of 1976 (‘FSIA’; ‘Act’) codifies the doctrine of State immunity in the law of the United States of America and provides the exclusive means of obtaining jurisdiction in US courts over a foreign sovereign, including its agencies and instrumentalities (see Argentine Republic v Amerada Hess Shipping Corporation 439 ; see also Jurisdiction of States ). The Act adopts the restrictive theory of foreign sovereign immunity substantively and addresses such procedural matters as the service of process, venue, removal from...
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