The Foreign Sovereign Immunities Act of 1976 in Practice

1979 ◽  
Vol 73 (2) ◽  
pp. 200-214 ◽  
Author(s):  
Charles N. Brower ◽  
F. Walter Bistline ◽  
George W. Loomis
Keyword(s):  
The United States ◽  
Federal Courts ◽  
Important Goal ◽  
Sovereign Immunity ◽  
International Convention ◽  
Department Of State ◽  
State Immunity ◽  
The United Kingdom ◽  
The Subject ◽  
Substantive Law

The U.S. Foreign Sovereign Immunities Act of 1976 (the Act), which became effective on January 19, 1977, sought to codify the substantive law of sovereign immunity in the United States, while also modifying it in certain respects. An even more important goal was to make the application of such law more uniform, fair, and hence predictable, by relieving the Department of State of the responsibility to determine claims of such immunity, and remitting them exclusively to judicial determination, preferably in federal courts. Now, 2 years after it first took effect, it is appropriate to review the roughly two dozen cases that have applied and interpreted the Act, as well as certain questions that have otherwise arisen in practice, in order to ascertain whether (and, if so, where) significant uncertainties remain and amendment of the Act may be in order. Further, the taking effect of the new State Immunity Act 1978 in the United Kingdom on November 22, 1978, has provided an opportunity to see what others have learned from our experience. It also demonstrates the extent to which they have diverged from our design, suggesting the ultimate utility of a broad international convention on the subject.

Micula and Others v. Government of Romania

2021 ◽  
Vol 196 ◽  
pp. 678-708
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Federal Courts ◽  
Sovereign Immunity ◽  
Content Type ◽  
State Immunity ◽  
Investment Treaty ◽  
Municipal Law ◽  
Arbitration Award

678Arbitration — Arbitration award — International Centre for Settlement of Investment Disputes (“ICSID”) — ICSID Convention, 1965 — Article 54 — Enforcement proceedings — Convention on the Settlement of Investment Disputes Act 1966 giving ICSID Convention domestic effect in United StatesJurisdiction — Subject matter jurisdiction over enforcement of an ICSID Award — Foreign Sovereign Immunities Act 1976 — Act of State doctrine — Foreign sovereign compulsion doctrine — Whether act of State doctrine or foreign sovereign compulsion doctrine barring enforcement of an ICSID AwardState immunity — Jurisdiction — Petition to enforce arbitration award — Foreign Sovereign Immunities Act 1976 — Exceptions to sovereign immunity — Arbitration exception — Romania’s agreement to arbitrate — Whether Romania’s agreement to arbitrate nullified by Romania’s accession to European Union — Whether United States court having jurisdiction to enforce arbitration awardTreaties — ICSID Convention, 1965 — Sweden–Romania Bilateral Investment Treaty, 2002 — Romania’s agreement to arbitrate — Romania acceding to European Union in 2007 — Whether Romania’s agreement to arbitrate nullified by Romania’s accession to European Union — Whether United States court having jurisdiction to enforce arbitration awardRelationship of international law and municipal law — Treaties — ICSID Convention, 1965 — Obligations of the State under ICSID Convention — United States law — Convention on the Settlement of Investment Disputes Act 1966 — Section 3 — Jurisdiction of federal courts to enforce an ICSID award whilst award subject of review by a foreign sovereign — The law of the United States

Third-party funding na arbitragem contra Estados: a relativização da imunidade executória na execução da sentença arbitral contra Estados

2019 ◽  
Vol 1 (1) ◽  
pp. 203-234
Author(s):  
Ana Monteiro ◽  
Daniel Ferreira
Keyword(s):  
United States ◽  
Risk Assessment ◽  
Asset Pricing ◽  
The United States ◽  
Third Party ◽  
State Immunity ◽  
The United Kingdom ◽  
Domestic Legislation ◽  
Current Context ◽  
Party Funding

The purpose of this article is to assess the risk for preventing the execution of arbitral awards made against Sovereign States due to the State’s immunity shield. Given the importance of an accurate asset pricing in the business of third-party funding (TPF), the topic entails a particular relevance to the current context of globalized litigation in light of its contribution to the promotion of TPF at the international arbitration community. After reviewing the literature on TPF, on the peculiarities of investment and commercial arbitrations against States and on the evolution of State immunity (also in terms of domestic legislation, considering the local laws passed by the United States, the United Kingdom and Australia), the article aims explore how the funder should incorporate into its risk assessment the risk of not executing awards rendered against Sovereign States.

Whose Territory is it Anyway? Should Psychiatry own Alcohol and Drugs in Australia?

1994 ◽  
Vol 28 (3) ◽  
pp. 375-377 ◽  
Author(s):  
Alex Wodak
Keyword(s):  
World Health Organisation ◽  
The United States ◽  
World Health ◽  
Improve Treatment ◽  
The United Kingdom ◽  
Alcohol And Drugs ◽  
The World ◽  
The Subject ◽  
The Many ◽  
Drug Problems

Surely alcohol and drug matters in Australia should be regarded as the province of psychiatry? Decades before any other branch of medicine displayed any interest in the subject and long before alcohol and drugs were considered even remotely respectable, numerous Australian psychiatrists provided inspiration and leadership in this Cinderella field. Drs Bartholomew, Bell, Buchanan, Chegwidden, Dalton, Drew, Ellard, Lennane, Milner, Milton, Waddy and Pols are some of the best known among the many Australian psychiatrists who pioneered efforts to improve treatment for patients with alcohol and drug problems. The NHMRC Committee on Alcohol and Drug Dependence, which has a considerable potential for influencing the field in Australia, has always been dominated by psychiatrists. In the United Kingdom and the United States, countries which often serve as models for much of Australian medical and other practice, alcohol and drug matters are determined almost exclusively by psychiatrists. Is there any evidence that they have been held back by a psychiatric hegemony on alcohol and drug's? For many decades (and until quite recently), alcohol and drug matters were handled for the World Health Organisation by its Mental Health Division. Did we suffer globally because WHO placed alcohol and drugs under the control of psychiatry?

Abortion and Reproductive Rights

2005 ◽  
Author(s):  
Jane Maslow Cohen
Keyword(s):  
United States ◽  
Reproductive Rights ◽  
Life Sciences ◽  
The United States ◽  
Policy Initiatives ◽  
Abortion Law ◽  
The United Kingdom ◽  
Law And Policy ◽  
The Subject ◽  
The 1960S

This article discusses critical debate about individual control over the beginnings of life that has sprawled across the fields of academic law, philosophy, politics, religion, the life sciences, and the self-christened field of bioethics from the 1960s up to the present. The subject has formed in and around a cascade of popular pressures; biomedical advances; legislative, judicial, and public policy initiatives; media attention; and the boiling politics in which, at least in the United States, the whole series of enterprises has been bathed. The present undertaking will train on the law. It covers contraception in the United States, abortion law and policy in the United States, and contraception and abortion in Europe and the United Kingdom.

28 USC § 1782—looking for consensus

2019 ◽  
Vol 35 (3) ◽  
pp. 331-345
Author(s):  
David J Stute
Keyword(s):  
United States ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
The Other ◽  
Court Decisions ◽  
Arbitral Tribunal ◽  
Civil Proceedings ◽  
The Subject ◽  
Definition Of

Abstract Since the 1948 enactment of 28 USC § 1782 in the United States, no consensus has emerged as to the availability of federal court discovery to parties in private foreign or international arbitral proceedings. This year, within months of one another, six federal courts have issued rulings that are widely inconsistent on the availability of section 1782 discovery. The courts have ruled that a proceeding before a private international arbitral tribunal is eligible for section 1782 discovery; that, categorically, no such discovery is available; that the definition of private arbitral tribunal applies to CIETAC; and that discovery is available by virtue of a party’s parallel pursuit of discovery through foreign civil proceedings. As these cases demonstrate, recent US court decisions have brought no predictability, let alone certainty, to the subject. Congress, on the other hand, could and should amend the statute so as to include private tribunals in the scope of section 1782. This article discusses the case law’s state of disarray; proposes a legislative solution; considers the proposed amendment’s merits; and advocates for Congress to act.

scholarly journals A Study on the Mainstream of Real Estate Education with Core Term Analysis

2018 ◽  
Vol 8 (4) ◽  
pp. 182
Author(s):  
Dong-hyun Kim ◽  
Myoung-young Pior
Keyword(s):  
United States ◽  
United Kingdom ◽  
Real Estate ◽  
The United States ◽  
Main Stream ◽  
The United Kingdom ◽  
Royal Institution ◽  
The Subject ◽  
Real Estate Education ◽  
Globalization Of Education

This study was conducted to provide basic information about the curricula of real estate education with respect to globalization. The literature, such as the histories and characteristics of real estate education in the United Kingdom and the United States that have historically lead real estate education, are reviewed. We also extract the core terms used in the curricula of departments accredited by the Royal Institution of Chartered Surveyors and The Association to Advance Collegiate Schools of Business—International that are leading the globalization of education, and Meikai University, the only university with a real estate department in Japan. In extracting core terms from each country, we proceed with basic terms that constitute the subject titles, not the entire subject title itself. After extracting core terms from each country, we discuss the overall characteristics of real estate education in each country and clarify the main stream of the globalization of real estate education. In addition, by comparing core terms and calculating proximities among Japan, the United Kingdom and United States, Japan’s specificities of real estate education are identified.

Emigration from the United Kingdom to the United States: 1860–1913

1971 ◽  
Vol 31 (4) ◽  
pp. 885-897 ◽  
Author(s):  
Lowell E. Gallaway ◽  
Richard K. Vedder
Keyword(s):  
United States ◽  
United Kingdom ◽  
The United States ◽  
European Countries ◽  
Political Environment ◽  
Migration Stream ◽  
The United Kingdom ◽  
Cyclical Fluctuations ◽  
The Subject ◽  
Political Persecution

Between the years 1860 and 1913 approximately twelve million people took passage from the United Kingdom to extra-European countries. The bulk of the migration stream (about 125,000 people per year) was directed toward the United States; it is this movement of population that is the subject of our article. The flow of individuals from the United Kingdom to the United States in this period ranged from 38,000 in 1861 to 202,000 in 1887 with marked cyclical fluctuations. For example, in 1873 the flow was 167,000 and by 1877 it was only 45,000. Variations of this magnitude pose the interesting intellectual question of whether or not they can be explained. This is not a new question; there are frequent references in the literature to the possible causes of this movement and the emigration from the United Kingdom that it implies. Studies focus on various economic influences on emigration. There is little in this period in the socio-political environment of the United Kingdom that would prompt individuals to emigrate in order to flee intolerable religious or political persecution.

scholarly journals Mathematical competencies in a new Ukrainian school – appealing troubleshooting

2019 ◽  
Vol 24 (1) ◽  
pp. 201-213
Author(s):  
Inna Belinskaya ◽  
Oleh Hirnyi
Keyword(s):  
Mathematics Teachers ◽  
The United States ◽  
School Curriculum ◽  
Mathematical Education ◽  
Anglo Saxon ◽  
The United Kingdom ◽  
Training Courses ◽  
English Speaking ◽  
The Subject ◽  
Practical Life

The article gives a brief description and results of the study of the Lviv region teachers of mathematics opinion on the possibility and necessity of a competent approach to the formation of the content of mathematical education in the new Ukrainian school. A competent approach to reforming Ukrainian schooling under the slogan of the "new Ukrainian school" is one of the main "cross-cutting lines" of reform, and now its relevance determines its specification in relation to certain disciplines of the school curriculum – which is the subject of this article. As part of the implementation of this approach, at the Faculty of Natural and Mathematical Education of Lviv Region Institute of Postgraduate Pedagogical Education, in the period 2015-2019, the study of the subject competences of pupiles, in particular mathematical ones, was conducted. The purpose of the study was to find out the attitude of mathematics teachers to the competent approach in general and their vision of the mathematical competences of students in particular. In the process of studying with mathematics teachers - pupiles of advanced training courses at the institute, a broad discussion was held on the content of the concept of "mathematical competence", which was the main object of the study. As a basic principle, it is advisable to specify a competent approach, the principle begun in this approach in the English-speaking countries, primarily in the United Kingdom and the United States, suggests, since in our lexicon we borrowed the term "competence of pupiles " precisely from them. This is characteristic of the Anglo-Saxon philosophy of education, the principle of practicality (for the benefit of oneself): the so-called "Utilitarianism" in the British version and "pragmatism" in the American version. Teachers who participated in the study suggested replacing the outdated Soviet principle of polytechnics, calling it the principle of practical life. As a result of his discussion in applying to the content options of school mathematical education, teachers have identified five cross-cutting content lines of this education: arithmetic, algebraic, geometric, stochastic and logical.

scholarly journals Bibliometric analysis of scientific production on academic writing: a study of the last 10 years

2021 ◽  
Vol 7 (3C) ◽  
pp. 200-209
Author(s):  
Julio E. Postigo-Zumarán ◽  
Lorena Jessica Nova Revilla ◽  
Fanny Esperanza Zavala Alfaro ◽  
Dennis Arias-Chávez
Keyword(s):  
Academic Writing ◽  
Web Of Science ◽  
The United States ◽  
English For Academic Purposes ◽  
Scientific Production ◽  
Publish Or Perish ◽  
The United Kingdom ◽  
The Subject ◽  
Number Of Publications ◽  
Number Of Citations

The objective of the study is to characterize the world scientific production on academic writing between the years 2011 to July 2021. A bibliometric study was carried out in five databases (Scopus, Web of Science, Google Scholar, Microsoft Academic and Crossref). Bibliometric indicators were analyzed in 4117 articles through Publish or Perish v. 7.19 and the same analytical software of the chosen databases. The results indicate that the article entitled “Codemeshing in academic writing: Identifying teachable strategies of translanguaging” is the document with the highest number of citations; Montserrat Castelló Badía, the most cited author; Journal Of English For Academic Purposes stands out as the medium with the largest number of publications on the subject; and among the countries that concentrate the largest production on creative writing, the United States, the United Kingdom, China, Australia and Spain stand out. It is concluded that the rate of publications will increase in the following months, which means continuing to periodically carry out measurements on scientific production to determine the evolution and contributions of the scientific material produced.

Measurement of Pension Fund Investment Performance.

1980 ◽  
Vol 24 ◽  
pp. 33-64 ◽  
Author(s):  
D. P. Hager
Keyword(s):  
United States ◽  
United Kingdom ◽  
Performance Measurement ◽  
Pension Fund ◽  
The United States ◽  
Qualitative Assessment ◽  
Investment Performance ◽  
The United Kingdom ◽  
The Subject ◽  
Fund Investment

In the United States the theoretical and practical aspects of the measurement of investment performance have been well researched, and the investment managers and pension fund trustees are accustomed to having a battery of statistics available on the performance of a pension fund.By contrast, in the United Kingdom, attention has only really been given to this subject in this decade. It has taken time for both investment managers and trustees to appreciate the need to measure performance and to move away from a solely qualitative assessment of the ability of investment managers to one involving a quantitative element.There are just a few papers by U.K. authors on the investment performance of pension funds and the Institute has discussed the subject only once. This was in November 1976 when J. P. Holbrook presented a comprehensive paper covering both theoretical and practical aspects of performance measurement.

Sign in / Sign up

Export Citation Format

Share Document