David P Stewart
Biographic Data
| ID | 5697393 |
|---|---|
| NAME | David P Stewart |
| GIVEN NAMES | David P |
| FAMILY NAME | Stewart |
| SIGNATURE | STEWART D P |
| AFFILIATIONS | United States Department of State |
| ORCID | 0000-0002-9344-3921 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 44 |
| AUTHOR COUNT | 9 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1991 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 3 |
Sovereign Immunity as Liminal Space
Questions of foreign state immunity frequently involve the ‘liminal space’ between substance and procedure, between domestic and international law and between the domestic law of the forum states and domestic laws of other states. US courts typically (and rightly) rest their analysis not only upon relevant foreign law and international practice but also upon procedural norms that are not formally part of the Foreign Sovereign Immunities Act. Immu…
The Hague Conference Adopts a New Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Latest Award from the Iran–United States Claims Tribunal: The Line Between Approximation of Damages and Ruling ex Aequo et Bono
The Iran–United States Claims Tribunal (Tribunal) has functioned in the Hague since 1981. To date, the Tribunal has completed its work in over thirty-nine hundred cases, making it one of the most significant claims settlement efforts in history. Remaining on the Tribunal’s docket are several very large and complex claims between the Islamic Republic of Iran and the United States of America
Ahmadou Sadio Diallo
For the first time since the Corfu Channel case of 1949, the International Court of Justice (Court) has awarded damages. The Court did so on June 19, 2012, in its third judgment in the Diallo case, brought by the Republic of Guinea for human rights violations committed against a Guinean citizen by the Democratic Republic of the Congo (DRC). The judgment was also the Court’s first on damages in a human rights case
Kiobel v. Royal Dutch Petroleum Co: The Supreme court and the Alien Tort Statute
The U.S. Supreme Court has finally decided Kiobel v. Royal Dutch Petroleum Co. It is the Court’s second modern decision applying the cryptic Alien Tort Statute (ATS), which was enacted in 1789. Since the 1980 court of appeals decision in Filartiga v. Pena-Irala permitting a wide of range human rights cases to go forward under the statute’s auspices, the ATS has garnered worldwide attention and has become the main engine for transnational human ri…
Fighting for Survival: The 1980s Campaign to Save Ravenscraig Steelworks
The story of the former Ravenscraig steelworks in Motherwell, Lanarkshire, interweaves economics, politics, trade unionism and, above all, the life of a community. From its inception in the 1950s, Ravenscraig took on symbolic status in Scotland, encapsulating hopes for industrial renewal, whilst demonstrating the British state’s commitment to depressed regions. During the economic restructuring and dislocation of the Thatcher years between 1979 a…
The UN Convention on Jurisdictional Immunities of States and Their Property
On December 2, 2004, the UN General Assembly adopted the UN Convention on Jurisdictional Immunities of States and Their Property. Capping more than a quarter of a century of intense international negotiation, the new treaty is the first modern multilateral instrument to articulate a comprehensive approach to issues of state or sovereign immunity from suits in foreign courts. Notably, it embraces the so-called restrictive theory of sovereign immun…
Justiciability of Economic, Social, and Cultural Rights: Should There Be an International Complaints Mechanism to Adjudicate the Rights to Food, Water, Housing, and Health
Should all internationally recognized human rights—economic, social, and cultural rights, as well as civil and political rights—be subject to the same individual-complaints procedures? This issue is now before a newly convened working group of the UN Commission on Human Rights. At its first meeting, from February 23 to March 5,2004, the Working Group debated the feasibility of elaborating an optional protocol to the International Covenant on Econ…
Phillips Petroleum Co. Iran v. Islamic Republic of Iran
Phillips Petroleum Co. Iran, a wholly owned subsidiary of Phillips Petroleum Co., brought a claim before the Iran-United States Claims Tribunal against the Islamic Republic of Iran and the National Iranian Oil Co. (NIOC) seeking compensation for the alleged taking of its rights under a joint agreement for the exploration and exploitation of petroleum resources in the Persian Gulf. Chamber Two of the Tribunal concluded that the claimant had been d…
Justiciability of Economic, Social, and Cultural Rights: Should There Be an International Complaints Mechanism to Adjudicate the Rights to Food, Water, Housing, and Health
Should all internationally recognized human rights—economic, social, and cultural rights, as well as civil and political rights—be subject to the same individual-complaints procedures? This issue is now before a newly convened working group of the UN Commission on Human Rights. At its first meeting, from February 23 to March 5,2004, the Working Group debated the feasibility of elaborating an optional protocol to the International Covenant on Econ…
Kiobel v. Royal Dutch Petroleum Co: The Supreme court and the Alien Tort Statute
The U.S. Supreme Court has finally decided Kiobel v. Royal Dutch Petroleum Co. It is the Court’s second modern decision applying the cryptic Alien Tort Statute (ATS), which was enacted in 1789. Since the 1980 court of appeals decision in Filartiga v. Pena-Irala permitting a wide of range human rights cases to go forward under the statute’s auspices, the ATS has garnered worldwide attention and has become the main engine for transnational human ri…
The UN Convention on Jurisdictional Immunities of States and Their Property
On December 2, 2004, the UN General Assembly adopted the UN Convention on Jurisdictional Immunities of States and Their Property. Capping more than a quarter of a century of intense international negotiation, the new treaty is the first modern multilateral instrument to articulate a comprehensive approach to issues of state or sovereign immunity from suits in foreign courts. Notably, it embraces the so-called restrictive theory of sovereign immun…
Ahmadou Sadio Diallo
For the first time since the Corfu Channel case of 1949, the International Court of Justice (Court) has awarded damages. The Court did so on June 19, 2012, in its third judgment in the Diallo case, brought by the Republic of Guinea for human rights violations committed against a Guinean citizen by the Democratic Republic of the Congo (DRC). The judgment was also the Court’s first on damages in a human rights case
Phillips Petroleum Co. Iran v. Islamic Republic of Iran
Phillips Petroleum Co. Iran, a wholly owned subsidiary of Phillips Petroleum Co., brought a claim before the Iran-United States Claims Tribunal against the Islamic Republic of Iran and the National Iranian Oil Co. (NIOC) seeking compensation for the alleged taking of its rights under a joint agreement for the exploration and exploitation of petroleum resources in the Persian Gulf. Chamber Two of the Tribunal concluded that the claimant had been d…
Justiciability of Economic, Social, and Cultural Rights: Should There Be an International Complaints Mechanism to Adjudicate the Rights to Food, Water, Housing, and Health
Should all internationally recognized human rights—economic, social, and cultural rights, as well as civil and political rights—be subject to the same individual-complaints procedures? This issue is now before a newly convened working group of the UN Commission on Human Rights. At its first meeting, from February 23 to March 5,2004, the Working Group debated the feasibility of elaborating an optional protocol to the International Covenant on Econ…
Fighting for Survival: The 1980s Campaign to Save Ravenscraig Steelworks
The story of the former Ravenscraig steelworks in Motherwell, Lanarkshire, interweaves economics, politics, trade unionism and, above all, the life of a community. From its inception in the 1950s, Ravenscraig took on symbolic status in Scotland, encapsulating hopes for industrial renewal, whilst demonstrating the British state’s commitment to depressed regions. During the economic restructuring and dislocation of the Thatcher years between 1979 a…
The UN Convention on Jurisdictional Immunities of States and Their Property
On December 2, 2004, the UN General Assembly adopted the UN Convention on Jurisdictional Immunities of States and Their Property. Capping more than a quarter of a century of intense international negotiation, the new treaty is the first modern multilateral instrument to articulate a comprehensive approach to issues of state or sovereign immunity from suits in foreign courts. Notably, it embraces the so-called restrictive theory of sovereign immun…
Ahmadou Sadio Diallo
For the first time since the Corfu Channel case of 1949, the International Court of Justice (Court) has awarded damages. The Court did so on June 19, 2012, in its third judgment in the Diallo case, brought by the Republic of Guinea for human rights violations committed against a Guinean citizen by the Democratic Republic of the Congo (DRC). The judgment was also the Court’s first on damages in a human rights case
Kiobel v. Royal Dutch Petroleum Co: The Supreme court and the Alien Tort Statute
The U.S. Supreme Court has finally decided Kiobel v. Royal Dutch Petroleum Co. It is the Court’s second modern decision applying the cryptic Alien Tort Statute (ATS), which was enacted in 1789. Since the 1980 court of appeals decision in Filartiga v. Pena-Irala permitting a wide of range human rights cases to go forward under the statute’s auspices, the ATS has garnered worldwide attention and has become the main engine for transnational human ri…
The Latest Award from the Iran–United States Claims Tribunal: The Line Between Approximation of Damages and Ruling ex Aequo et Bono
The Iran–United States Claims Tribunal (Tribunal) has functioned in the Hague since 1981. To date, the Tribunal has completed its work in over thirty-nine hundred cases, making it one of the most significant claims settlement efforts in history. Remaining on the Tribunal’s docket are several very large and complex claims between the Islamic Republic of Iran and the United States of America
The Hague Conference Adopts a New Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Sovereign Immunity as Liminal Space
Questions of foreign state immunity frequently involve the ‘liminal space’ between substance and procedure, between domestic and international law and between the domestic law of the forum states and domestic laws of other states. US courts typically (and rightly) rest their analysis not only upon relevant foreign law and international practice but also upon procedural norms that are not formally part of the Foreign Sovereign Immunities Act. Immu…
Law (9 works) · Political science (9 works) · Law (8 works) · International Law and Human Rights (4 works) · Conflict of Laws and Jurisdiction (3 works) · Human rights (3 works) · International Arbitration and Investment Law (3 works) · International Law and Aviation (3 works) · Politics (3 works) · Sociology (3 works)