Persinger v. Islamic Republic of Iran

Abstract

States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Conclusiveness of statements of the Executive — Iranian hostage crisis — Presidential authority to extinguish claims of United States hostages in American courts — Iran- United States Algiers Declarations, 1981 — Executive order implementing Declarations — The law of the United States

State responsibility — Claims — State control over private claims — Iranian hostage crisis — Presidential authority to extinguish claims of United States hostages in American courts — Iran- United States Algiers Declarations, 1981 — Executive Order implementing Declarations — The law of the United States

Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities of — Diplomatic premises — Whether embassies abroad part of sending State’s territory — The law of the United States

Jurisdiction — In general — Territorial — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Sovereign immunity — Foreign Sovereign Immunities Act 1976 — Iranian hostage crisis — Iran-United States Algiers Declarations, 1981 — Executive Order implementing Declarations — Presidential authority to extinguish claims of hostages — Subject matter jurisdiction over claims — Immunity from suit — Section 1605(a)(5) of the Act — Whether alleged Iranian actions occurred “in the United States” — United States embassies abroad — Whether part of United States territory — Whether alleged Iranian actions discretionary — Whether patently illegal — The law of the United States