Abstract

http://ssrn.com/abstract=1955632
 


 



Jurisdictional Discovery Under the Foreign Sovereign Immunities Act


Steven R. Swanson


Hamline University - School of Law

January 1, 1986

Emory International Law Review, Vol. 13, p. 445, 1999

Abstract:     
Congress passed the Foreign Sovereign Immunities Act of 1976 (FSIA or “Act”) to clarify when U.S. courts may compel a foreign state to appear in a civil action. The Act provides for both personal and subject matter jurisdiction over certain suits against foreign governmental entities and is the only way a U.S. court can obtain subject matter jurisdiction over a claim against a foreign sovereign. This article begins with a review of foreign sovereign immunity law in the United States to clarify the policies that should underlie a court’s analysis of the discovery issue. It then examines how U.S. courts have approached jurisdictional discovery in cases involving foreign sovereigns. Finally, this article suggests a meaningful synthesis of the current judicial approaches, urging a move away from fact-specific adjudication towards a more comprehensive, uniform, and predictable approach to the issue.

Number of Pages in PDF File: 47

Keywords: Jurisdictional discovery, foreign sovereign immunities act, FSIA, foreign sovereign

Accepted Paper Series


Download This Paper

Date posted: November 17, 2011  

Suggested Citation

Swanson, Steven R., Jurisdictional Discovery Under the Foreign Sovereign Immunities Act (January 1, 1986). Emory International Law Review, Vol. 13, p. 445, 1999. Available at SSRN: http://ssrn.com/abstract=1955632

Contact Information

Steven R. Swanson (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
Feedback to SSRN


Paper statistics
Abstract Views: 180
Downloads: 21

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.234 seconds