Keitner: Officially Immune? A Response to Bradley and Goldsmith

Chimène I. Keitner (Univ. of California, Hastings College of the Law) has posted Officially Immune? A Response to Bradley and Goldsmith (Yale Journal of International Law Online, forthcoming). Here's the abstract:

The Schooner Exchange teaches that “[t]he jurisdiction of the nation within its own territory is necessarily exclusive and absolute.” Applying the Foreign Sovereign Immunities Act to grant immunity in U.S. courts to current and former foreign officials for any non-commercial conduct undertaken with the actual or apparent authority of a foreign state would dramatically undercut this basic feature of U.S. sovereignty. Arguments based on logic, policy, and international law do not compel such an extreme result.