Federal Republic of Germany and Others v. Philipp and Others

Abstract

Expropriation — Domestic takings rule — Expropriation of nationals’ property — Whether international law of expropriation prohibiting taking of nationals’ property — Human rights — State immunity — Relationship between expropriation, human rights and State immunity

State immunity — Jurisdictional immunity — Presumption that foreign State entitled to immunity unless one of exceptions to immunity applicable — Foreign Sovereign Immunities Act 1976 — Restrictive theory of sovereign immunity — Expropriation exception — Section 1605(a)(3) — Interpretation — Meaning of “in violation of international law” — Whether meaning limited to international law of expropriation — Whether international law prohibiting domestic takings — Whether meaning including violation of human rights law — Whether meaning including genocide — The law of the United States