Conflicting Approaches to the U.S. Common Law of Foreign Official Immunity
Bibliographic Data
| ID | 9549022 |
|---|---|
| Authors | Curtis A Bradley (0000-0003-2941-7259, Helen Keller International, corresponding author) |
| Year | 2021 |
| Volume | 115 |
| Issue | 1 |
| Pages | 1-19 |
| Publication date | 2021-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/ajil.2020.90 |
| OpenAlex | W3124334161 |
| Language | EN |
| References cited | 3 |
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
Common law · Context (archaeology · Government (linguistics · International law · Law and economics · Plaintiff · Political science · Qualified immunity · Sociology · Sovereign immunity · State (computer science · State immunity · Supreme court · Conflict of Laws and Jurisdiction · International Law and Aviation · Law · Legal principles and applications
| Citation velocity | historical |
|---|---|
| Highly cited | No |