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Mckeel v. Islamic Republic of Iran
Published online by Cambridge University Press: 01 January 2021
Abstract
Diplomatic relations — Embassy — Jurisdiction of sending State over crimes and torts committed within embassy — Basis for jurisdiction — Whether territorial — Whether embassy part of the territory of the sending State
Jurisdiction — Principles — Territorial principle — Protective principle — Nationality principle — Jurisdiction of sending State over crimes and torts committed in embassy — Whether based on territorial principle — Extraterritorial jurisdiction — Presumption against extraterritorial effect of legislation — Jurisdiction over foreign States — Principles on which one State may assert jurisdiction in respect of acts of another State — United States Foreign Sovereign Immunities Act 1976 — Whether Act the sole basis for United States courts to assert jurisdiction in respect of acts of another State
State immunity — Jurisdictional immunity — Torts — Exception to immunity in respect of non-commercial torts — Whether requirement that tort must take place within territory of the United States — Alleged tort occurring within United States embassy — The law of the United States
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- © Cambridge University Press 1990