- US oil tanker attacked by Argentina during Fauklands War. US Court said they had no jurisdiction over this. (see n. 1, p. 240) Nationality of ship—Liberia. (Supreme Court rejects jurisdiction)
- Jurisdiction—why no jurisdiction? No exception to Foreign Sovereignty Immunities Act of 1976 (FSIA) to allow the suit here. FSIA—generally foreign nations can not be sued in the US except:
- Where there is a waiver of immunity
- If engaged in commercial activity.
- Bigger issue: what other avenues are open for you then?
- Sue in Argentina
- Sue in the US through the Alien Tort Act
- Diplomatic arrangement w/ another only when:
- You’ve exhausted this remedy
- You’ve been denied justice.
- Here this wasn’t possibleno access to Argentine ct. (so no remedy for !)
- What can/shld intl law do? N. 2, p. 241. It is a clear violation but no way to get remedy (efficacy of intl law)
- N. 3, p. 241—this is probably not an issue for American courts—especially where the s are not technically American citizens (Liberia). Liberian courts might have jurisdiction, but probably pointless.
Sunday, March 25, 2012
Amerada Hess v. Argentine Republic case brief
Amerada Hess v. Argentine Republic (2nd Cir, 1987; p. 238)
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