Applicable Law in the United States
Applicable Law in the Context of International Disputes
Applicable Law and the Erie Doctrine in International Civil Litigation
Analysis of the Applicable Law and the Erie Doctrine
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- Convention on the Taking of Evidence Abroad
- Taking of Evidence Abroad
- Obtaining Evidence Abroad in Criminal Cases
- Conflict of Laws
- Service of Process
Applicable Law in the Foreign Sovereign Immunities Act of 1976
In the Foreign Sovereign Immunities Act of 1976
According to research about Applicable Law from the Federal Judicial Center:An action against a foreign sovereign arises under federal law for purposes of Article III jurisdiction.42 Jurisdiction and procedure are governed by the FSIA. However, for most purposes, the statute itself does not provide the substantive law, but provides, in 28 U.S.C. § 1606, that where no immunity exists, foreign states “shall be liable in the same manner and to the same extent as a private individual under like circumstances.” Thus, state substantive law is controlling on most issues of liability in FSIA cases.43 The exceptions are in the area of expropriations (under § 1605(a)(3), a court must determine whether the “taking” occurred in violation of international law) and state-sponsored terrorism (under new § 1605A, the statute provides a federal cause of action).44 However, there appears to be a circuit split on the question of which choice-of-law rule should be used by federal courts in deciding which substantive state law to apply in a suit under the FSIA. The Ninth Circuit applies the federal rule,45 while the Second, Fifth, and Sixth Circuits have applied the choice-of-law rule of the state in which the federal court sits.
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Popular Topics related with Applicable Law
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- Foreign Immunities
- Foreign Sovereign Immunities Act of 1976
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- Immunities Convention
- Immunity and Privileges
- Immunity of Citizens
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