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segunda-feira, 6 de julho de 2020

SCOTUS grants two important Foreign Sovereign Immunities Act cases: Hungary v. Simon and Germany v. Philipp

A Suprema Corte dos Estados Unidos decidiu dois importantes casos sobre imunidade de jurisdição.
Seguem resumos e links.

Republic of Hungary v. Simon
Issue: Whether a district court may abstain from exercising jurisdiction under the Foreign Sovereign Immunities Act for reasons of international comity, in a matter in which former Hungarian nationals have sued the nation of Hungary to recover the value of property lost in Hungary during World War II but the plaintiffs made no attempt to exhaust local Hungarian remedies.
https://www.scotusblog.com/case-files/cases/republic-of-hungary-v-simon/

Federal Republic of Germany v. Philipp
Issues: (1) Whether the “expropriation exception” of the Foreign Sovereign Immunities Act, which abrogates foreign sovereign immunity when “rights in property taken in violation of international law are in issue,” provides jurisdiction over claims that a foreign sovereign has violated international human-rights law when taking property from its own national within its own borders, even though such claims do not implicate the established international law governing states’ responsibility for takings of property; and (2) whether the doctrine of international comity is unavailable in cases against foreign sovereigns, even in cases of considerable historical and political significance to the foreign sovereign, and even when the foreign nation has a domestic framework for addressing the claims.
https://www.scotusblog.com/case-files/cases/federal-republic-of-germany-v-philipp/