No CrossRef data available.
Article contents
Smith v. Socialist Peoples Libyan Arab Jamahiriya and Others Hudson v. Socialist People's Libyan Arab Jamahiriya
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Jurisdictional immunity — Subject-matter jurisdiction — Claim for damages against foreign State for alleged involvement in destruction of aircraft by bomb — Foreign Sovereign Immunities Act 1976 (“FSIA”) — Jurisdiction on basis of international agreement existing at time of enactment of the FSIA — Whether United Nations Security Council Resolutions adopted in 1992 under Chapter VII of United Nations Charter, 1945, are elaborations of Charter and qualify as “existing agreements” — United Nations Security Council Resolutions 731 and 748 — Whether Resolutions are self-executing international agreements — Non-commercial tort exception — Requirement that injury occur in United States — Aircraft of United States commercial airline destroyed over Scotland — Whether aircraft part of territory of United States — Implicit waiver of immunity — Whether letter addressed to United Nations in which foreign State guarantees payment of compensation in event of conviction of its nationals for bombing constitutes implicit waiver of immunity from jurisdiction of United States courts — Whether participation in acts violating jus cogens constitutes implicit waiver of immunity
International organizations — United Nations — Security Council — Security Council resolutions adopted under Chapter VII of the United Nations Charter — Resolutions on Lockerbie bombing — Effects in domestic law
Relationship of international law and municipal law — Resolutions of the United Nations Security Council — Chapter VII of the United Nations Charter — Whether vesting private right of action in individuals — Whether self-executing — The law of the United States
Keywords
- Type
- Case Report
- Information
- Copyright
- © Cambridge University Press 1997