Expanding the Reach of U.S. Courts Abroad

The noteworthy dissent in Philipp v. Germany of June 18, 2019 submits the concern that construing exceptions under the Foreign Sovereign Immunities Act may turn federal courts into war crimes tribunals for harm caused abroad. A further concern is the disparate understanding of the exceptions by other appellate courts.

The case deals with the expropriation of property in the context of genocide. The dissenting judge of the United States Court of Appeals for the District of Columbia Circuit notes that under his court's interpretation of the statute, redress for property losses are conceivable while the loss of life in an alleged genocide may not be. -- Clemens Kochinke, partner, Berliner Corcoran & Rowe LLP, Washington, DC.

Disclaimer: The author's law firm assists embassies with FSIA matters and has represented such defendants at the appellate and Supreme Court levels.

Tue, 19:02:20 18 Jun 2019 / Embassy Law Link