Sunday, March 25, 2012

Amerada Hess v. Argentine Republic case brief

Amerada Hess v. Argentine Republic (2nd Cir, 1987; p. 238)
  • 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.

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