Reforming the Foreign Sovereign Immunities Act

The Foreign Sovereign Immunities Act, first passed in 1976, defines and governs the immunity of foreign governments from suit in the United States. Over the course of the past twenty-five years, judicial interpretations of the statute have highlighted some of the shortcomings, ambiguities, and problems of the Act. Although courts have resolved certain of these problems, many remain, some of which are not easily addressed by the courts. These issues include the scope of the term 'foreign state," exceptions to immunity, service of process, execution of judgments, and other frequently litigated issues. This Report addresses these issues and the difficulties courts and parties are encountering and proposes relevant amendments to improve the overall operation of the Act.