Tag: FSIA

  • Case of the Day: Missouri v. China

    The case of the day is Missouri v. People’s Republic of China (8th Cir. 2024). I’ve written about the case before, most recently in July 2022. The gist of the case is that Missouri seeks to hold the Chinese government, the Chinese Communist Party, the Wuhan Institute of Virology, etc. liable for harms resulting from……

  • The Case of the Bhutanese Air Conditioner

    The New York Times reported on the story of the New Yorkers who live in an apartment building near the United Nations. Their building is next-door to Bhutan’s permanent mission to the UN. According to the neighbors, Bhutan keeps a “vexingly loud air-conditioning unit on the roof of the building.” So far, they haven’t had……

  • China Amends Its Foreign Sovereign Immunity Law

    Bill Dodge has an excellent post at the Transnational Litigation Blog explaining China’s new Foreign State Immunity Law, which adopts the restrictive theory of foreign sovereign immunity. The United States and many other countries follow the restrictive theory, but China, until now, had been one of the holdouts for the older absolute theory of foreign……

  • Service of Process Since 2016: What’s New?

    The fourth edition of the Practical Handbook on the Operation of the Service Convention was published in 2016. With a meeting of the Special Commission likely to take place next year, it’s a good time to step back and ask: what have been the major American developments in the law of service since then? I……

  • Case of the Day: Turkiye Halk Bankasi A.S. v. United States

    The case of the day is Turkiye Halk Bankasi AS v. United States (S. Ct. 2023). I wrote about the case in the District Court. It presents a simple legal question: does the Foreign Sovereign Immunities Act govern the question whether a foreign state, or the instrumentality of a foreign state, is immune from jurisdiction……