Jafari et al. v. Islamic Republic of Iran

Abstract

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Executive action or inaction — Expropriation of property of Iranian nationals in Iran — Whether contrary to international law — The law of the United States

The individual in international law — Nationality — Naturalization — Iranian national naturalized United States citizen — Suit against Iran for wrongful expropriation — Foreign Sovereign Immunities Act 1976 — lran — United States Algerian Accords, 1981 — Nationality of plaintiffs as affecting jurisdiction of federal courts — The law of the United States

Jurisdiction — In general — Territorial — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Iranian expropriation of property of Iranian nationals situated in Iran — Sovereign immunity — Foreign Sovereign Immunities Act 1976 — Grant of jurisdiction to Federal Courts — Scope of grant — Whether Act encompasses action by an alien against a foreign State — Whether grant of subject matter jurisdiction over such a case constitutional — Whether Act creates a cause of action — Waiver of immunity — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955 — Iran-United States Claims Settlement Declaration, 1981 — Whether expropriation of property of nationals contrary to international law — The law of the United States