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Foreign Sovereign Immunities Act


Foreign Sovereign Immunities Act

Immunity can be defined as being exempt from or not responsible for things such as illness, problems, or gover- nance. Specifically, the Foreign Sovereign Immunities Act states that foreign countries are immune to the U.S. judicial system, with the exception of certain limitations. The Foreign Sovereign Immunities Act (FSIA) refers to Title 28, Section 1330, and Sections 1602-1611 of the U.S. Code. This law, passed by Congress in 1976, is complex and states the exceptions with which the United States and its citizens have the right to file suit against a foreign country. Some of these general exceptions include a waiver of immunity by a foreign state, commercial activity of a foreign country which involves the United States, and the personal injury or death of a U.S. citizen caused by any foreign entity. The need for a law such as the Foreign Sovereign Immunities Act has grown throughout the last century. With increased international commercial activity and GLOBALIZATION, obtaining the ability to hold a foreign country responsible in case of illegal actions is necessary. Earlier in the history of the United States, foreign countries were given almost absolute immunity. In 1812 Chief Justice John Marshall, ruling in The Schooner Exchange v. McFaddon, developed the theory of foreign-sovereign immunity. Eventually the United States adopted the “restrictive theory” or “absolute theory,” which gave foreign countries immunity for public acts of government offices but not for commercial or private activity. The U.S. courts found this difficult to apply because of a lack of standards and the frequent deference of cases to the State Department. Political considerations often influenced decisions, and during the 1950s many countries were competing unfairly by treating commercial activities as government actions to remain immune. In 1976 Congress passed the Foreign Sovereign Immunities Act to provide clear standards, making it more difficult to hide commercial activities and avoiding the use of political branches, such as the State Department, when making decisions. The purpose of the FSIA is not only to establish standards but also to define “foreign state.” According to the U.S. Code, a “foreign state” is considered any political subdivision, agency, or instrumentality of a foreign country. This act also sets forth standards for the extent of LIABILITY and counterclaims. Through the years the FSIA has been amended several times with the most recent being in 1999, when it was amended to include terrorist actions by foreign countries. It is under this amendment that victims’ families from September 11, 2001, are provided the ability to file suit against the country or countries sponsoring such terrorist actions.
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