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Siderman v. Republic of Argentina. No. CV 82-1772-RMT (MCx)

Published online by Cambridge University Press:  27 February 2017

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Type
Judicial Decisions
Information
American Journal of International Law , Volume 79 , Issue 4 , October 1985 , pp. 1065 - 1067
Copyright
Copyright © American Society of International Law 1985

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References

1 28 U.S.C. §1604 provides:

Subject to existing international agreements to which the United States is a party at the time of enactment of this Act a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States except as provided in sections 1605 to 1607 of this chapter.

2 Recently, in Berkovitz v. Islamic Republic of Iran, 735 F.2d 329, 332 (9th Cir. 1984), the Ninth Circuit affirmed, on grounds of sovereign immunity and lack of subject matter jurisdiction, the dismissal of a wrongful death action brought against Iran and an Iranian revolutionary group by the heirs of a U.S. citizen murdered in Iran. See also McKeel v. Islamic Republic of Iran, 722 F.2d 582, 585–87 (9th Cir. 1983), summarized in 78 AJIL 671 (1984), cert, denied, 105 S.Ct. 243 (1984); Goar v. Compania Peruana de Vapores, 688 F.2d 417, 420–22 (5th Cir. 1982); Rex v. CIA. Pervana de Vapores, 660 F.2d 61, 64–65 (3d Cir. 1981), summarized in 76 AJIL 393 (1982), cert, denied, 456 U.S. 926 (1982); Williams v. Shipping Corp. of India, 653 F.2d 875, 880–81 (4th Cir. 1981), cert, denied, 455 U.S. 982 (1982); Ruggiero v. Compania Peruana de Vapores, 639 F.2d 872, 875–76 (2d Cir. 1981), summarized in 75 AJIL 664 (1981).

3 For a general discussion of these cases, see Tel-Oren v. Libyan Arab Republic, 726 F.2d 774 (D.C Cir. 1984), summarized in 78 AJIL 668 (1984), cert, denied, 105 S.Ct. 1354 (1985) (dismissing for lack of subject matter jurisdiction an action against Libya and various Arab organizations for multiple torts involved in armed attack on civilian bus in Israel).

4 630 F.2d 876 (2d Cir. 1980), summarized in 75 AJIL 149 (1981).

5 In Filartiga, the court noted that defendant, while apparently acting under color of the laws of Paraguay, violated such laws, and that Paraguay did not ratify his acts.