Tag Archives: FSIA

Vivian Curran on FSIA Immunity and Genocide In The Restatement (Fourth)

Vivian Curran

I bring you an excerpt from Professor Vivian Curran’s forthcoming paper, Harmonizing Multinational Parent Company Liability for Foreign Subsidiary Human Rights Violations, 17 Chicago J. Int’l L. (2017). The excerpt has to do primarily with the evolving exception to FSIA immunity in cases of expropriation in connection with genocide. I’ve covered aspects of some of the cases discussed (de Csepel, Davoyan). Thanks very much to Professor Curran for giving Letters Blogatory readers a sneak peek!
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Case of the Day: Sokolow v. PLO

Woman being evacuated after a Jerusalem terror attack
Aftermath of a 2002 Palestinian terror attack in Jerusalem. Credit: Times of Israel / Flash90

The case of the day is Sokolow v. Palestine Liberation Organization (2d Cir. 2016). I wrote about a similar case, Safra v. Palestinian Authority, back in 2015. The gist of the earlier case, which was decided in Washington, was that the Palestinian Authority could not be sued for damages under the Anti-Terrorism Act because it was not subject to the court’s personal jurisdiction. The irony in Safra was that in order to prevail, the PA had to argue that it wasn’t a state, since states are always subject to the personal jurisdiction of the district courts in cases where an exception to FSIA immunity applies. That’s not a legal argument the supporters of unilateral declarations of Palestinian statehood are likely to want to trumpet, but it carried the day.
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