ENFORCEMENT OF FOREIGN STATES IMMUNITY IN US: RULE OF LAW OR COURTS COMPLYING WITH THE EXECUTIVE POWER?

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HABIBZADEH TAVAKKOL; BAHMAN TAJANI SHAHRAM

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Journal: RAHBORD Year:2013 | Volume:21 | Issue:65 Page(s): 259-290

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Information Journal Paper

Title

ENFORCEMENT OF FOREIGN STATES IMMUNITY IN US: RULE OF LAW OR COURTS COMPLYING WITH THE EXECUTIVE POWER?

Author(s)

HABIBZADEH TAVAKKOL | BAHMAN TAJANI SHAHRAM | Issue Writer Certificate

Keywords

JUDICIAL IMMUNITYQ2

IMMUNITY OF STATESQ2

TERRORISMQ1

COMPLIANCE OF COURTS WITH THE EXECUTIVE POWERQ2

FOREIGN STATES IMMUNITIES ACTQ2

Abstract

According to customary international law, foreign states are immune to judicial prosecution in domestic courts of other countries. Such immunity was first exercised in the United States in Schooner Exchange vs. McFaddon case on the basis of courtesy, not as a fundamental right. Since that time, decisions made by the US courts with regard to immunity of foreign states have been influenced by decisions of the Department of State. Since early 20th century and after the beginning of extensive intervention by the state in market economy, despite Washington acceded to the limited immunity of foreign states, that immunity was still influenced by decisions of the Department of State. The Congress passed a law in 1976 on the immunity of foreign states in order to increase latitude of the judicial authorities in investigating cases which came under the immunity of foreign states independent to the Executive. Based on that law, foreign states were granted absolute immunity to judicial competence of the US federal and state courts unless a case was considered one of the exceptions which were mentioned by the law of immunity. However, the US courts continued to take orders from the Department of State. This paper uses content analysis method to discuss compliance of judicial and legislative authorities of the United States with the executive power: a system which is more influenced by political pressures than the rule of law.

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APA: Copy

HABIBZADEH, TAVAKKOL, & BAHMAN TAJANI, SHAHRAM. (2013). ENFORCEMENT OF FOREIGN STATES IMMUNITY IN US: RULE OF LAW OR COURTS COMPLYING WITH THE EXECUTIVE POWER?. RAHBORD, 21(65), 259-290. SID. https://sid.ir/paper/89226/en

Vancouver: Copy

HABIBZADEH TAVAKKOL, BAHMAN TAJANI SHAHRAM. ENFORCEMENT OF FOREIGN STATES IMMUNITY IN US: RULE OF LAW OR COURTS COMPLYING WITH THE EXECUTIVE POWER?. RAHBORD[Internet]. 2013;21(65):259-290. Available from: https://sid.ir/paper/89226/en

IEEE: Copy

TAVAKKOL HABIBZADEH, and SHAHRAM BAHMAN TAJANI, “ENFORCEMENT OF FOREIGN STATES IMMUNITY IN US: RULE OF LAW OR COURTS COMPLYING WITH THE EXECUTIVE POWER?,” RAHBORD, vol. 21, no. 65, pp. 259–290, 2013, [Online]. Available: https://sid.ir/paper/89226/en

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