Explicit Waiver

Explicit Waiver in the United States

Waiver in the Foreign Sovereign Immunities Act of 1976

Explicit waivers

According to research about Explicit Waiver from the Federal Judicial Center:Explicit waivers are typically found in contractual provisions, although they could arise from independent statements (for example, by a duly authorized governmental official). They are normally construed narrowly by U.S. courts in favor of the sovereign.107 In some situations, treaty provisions may also qualify, although the U.S. Supreme Court cautioned in Argentine Republic v. Amerada Hess Shipping Corp. that federal courts should not lightly imply a waiver based upon ambiguous treaty language. For information about implicit waivers, see the entry about Immunity in International Law.

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See Also

Popular Topics related with Explicit Waiver

  • Foreign Immunity
  • U.S. Foreign Sovereign Immunities Act
  • Foreign Sovereign Immunity in International Law
  • Immunities Definition
  • Immunity Clause
  • Immunity of Heads of State
  • Jurisdictional Immunities

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