Home » Articles » The “Common Law Regime” of Foreign Sovereign Immunity: The Actual Possession Rule in Admiralty

The “Common Law Regime” of Foreign Sovereign Immunity: The Actual Possession Rule in Admiralty

PDF · David J. Bederman · Jun-25-2012 · 44 VAND. J. TRANSNAT'L L. 859 (2011)

It has been a long-standing rule in admiralty that in order for a foreign sovereign to assert immunity in U.S. courts, the res that is the object of the maritime claim must be in the actual possession of the foreign state at the time the case is brought. Inasmuch as Samantar recognized the existence of a “common-law regime” that pre-existed the Foreign Sovereign Immunities Act (FSIA), this article examines whether the actual possession rule remains in force today. The FSIA codified the actual possession rule in its provisions for the handling of admiralty claims against foreign sovereigns, but this has been hotly disputed. Resolution of this question has broad implications, including the measure of deference that should be given to Executive Branch positions and the extent to which foreign sovereign interests should be accommodated in all forms of collective proceedings.




One Response to “The “Common Law Regime” of Foreign Sovereign Immunity: The Actual Possession Rule in Admiralty”

  1. Great blog you’ve got here.. It’s hard to find
    excellent writing like yours nowadays. I seriously appreciate individuals
    like you! Take care!!

    posted on February 19th, 2017 at 6:06 pm

Leave a Reply

ExpressO Top 10 Law Review

ANNOUNCEMENTS

May 2018 Issue on the Second Israel Defense Forces International Conference on the Law of Armed Conflict. Read more about the Journal’s May 2018 issue here.

Thank you to everyone who attended the Journal’s 50th Anniversary celebration on October 5, 2017! View photos from the event here and read about the Journal’s history here.

Connect with the Vanderbilt Journal of Transnational Law on LinkedIn.

The Journal is pleased to listed as the #5 International Law Journal by the 2017 Washington and Lee Law Journal Rankings.

The Journal is pleased to announce the 2017-2018 Board of Editors: here

The Journal is very excited about the success of our February 2017 Symposium, “Sovereign Conduct on the Margins of the Law.” Read more about our February 2017 Symposium here

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2017-2018 Write-On Competition Winners.

Video is available from the Vanderbilt Journal of Transnational Law’s 2015-2016 SymposiumThis is Not a Drill: Confronting Legal Issues in the Wake of International Disasters. Watch here.

Explore Other Vanderbilt Law Resources