Home » Articles » The Dog that Caught the Car: Observations on the Past, Present, and Future Approaches of the

The Dog that Caught the Car: Observations on the Past, Present, and Future Approaches of the

PDF · John B. Bellinger III · Jun-25-2012 · 44 VAND. J. TRANSNAT'L L. 819 (2011)

The Supreme Court’s decision in Samantar v. Yousuf vindicated the position of the State Department’s Office of the Legal Adviser, which had long argued that the immunities of current and former foreign government officials in U.S. courts are defined by common law and customary international law as articulated by the Executive branch, rather than by the Foreign Sovereign Immunities Act of 1976. But the decision will place a burden on the Office of the Legal Adviser, which will now be asked to submit its views on the potential immunity of every foreign government official sued in the U.S. The State Department will be lobbied both by foreign governments who want to protect their officials and by plaintiffs and human rights advocates who would like to recognize exceptions to official immunities. In deciding whether to
recognize the immunities of foreign government officials, the State Department will have to consider the reciprocal impact on U.S. officials who may be sued in foreign courts.




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.

The Vanderbilt Journal of Transnational Law is proud to celebrate 50 years. 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 #6 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