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Published online by Cambridge University Press: 01 January 2021
State immunity — Jurisdictional immunity — Foreign State — Exceptions to immunity — Duty of court to consider subject — matter jurisdiction before turning to act of State doctrine — Expropriation of Argentine corporation in Argentina — Whether promotional and other activities performed in United States in relation to hotel owned by corporation sufficient to meet requirements of commercial activity exception — Whether interference with rights of shareholders resident in United States sufficient to constitute “direct effect” for commercial activity exception — International takings exception to immunity — Criteria for a taking in violation of international law — Foreign Sovereign Immunities Act 1976
State immunity — Jurisdictional immunity — Foreign State — Exceptions to immunity — Official torture — United States residents seeking to claim for torture committed in Argentina — Whether prohibition of official torture a rule of jus cogens — Whether violation of jus cogens divests State of its immunity — International treaty exception — Requirement that document relied on is a treaty and conflicts directly with domestic provisions — Implicit waiver exception — Whether involvement by foreign State of United States courts in acts forming part of activities complained of constitutes implicit waiver of immunity — Requirement of direct nexus between foreign State’s activities in United States courts and claim brought against the foreign State in the United States — Foreign Sovereign Immunities Act
Relationship of international law and municipal law — Jus cogens — Whether a violation of jus cogens ousts immunity of a foreign State from jurisdiction of municipal courts in absence of specific legislative provision — Claim in United States courts against Argentina — Alleged torture committed by Argentine officials — Whether prohibition on official torture a rule of jus cogens — Whether absence of provision in Foreign Sovereign Immunities Act 1976 establishing exception to immunity in case of violation of jus cogens precludes United States courts from exercising jurisdiction — The law of the United States