Hostname: page-component-848d4c4894-m9kch Total loading time: 0 Render date: 2024-06-07T21:50:02.271Z Has data issue: false hasContentIssue false

Federal Republic of Germany and Others v. Philipp and Others

United States of America.  03 February 2021 .

Published online by Cambridge University Press:  07 August 2023

Get access

Abstract

Expropriation — Domestic takings rule — Expropriation of nationals’ property — Whether international law of expropriation prohibiting taking of nationals’ property — Human rights — State immunity — Relationship between expropriation, human rights and State immunity

State immunity — Jurisdictional immunity — Presumption that foreign State entitled to immunity unless one of exceptions to immunity applicable — Foreign Sovereign Immunities Act 1976 — Restrictive theory of sovereign immunity — Expropriation exception — Section 1605(a)(3) — Interpretation — Meaning of “in violation of international law” — Whether meaning limited to international law of expropriation — Whether international law prohibiting domestic takings — Whether meaning including violation of human rights law — Whether meaning including genocide — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press & Assessment 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)