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Smith v. Socialist People’s Libyan Arab Jamahiriya

United States of America.  26 November 1996 ; 10 February 1997 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Air — Terrorist attacks upon aircraft — State believed to have been involved in attack — Remedies — Civil action against State suspected of involvement — Whether State immune from suit

State immunity — Jurisdictional immunity — Claim for damages against State suspected of involvement in terrorist attack upon aircraft — Waiver — Whether State deemed to have waived immunity in respect of acts contrary to jus cogens — Express waiver — Exception to immunity for tort committed within the territory of the forum — Whether explosion on United States aircraft over United Kingdom deemed to have occurred in the territory of the United States — Effect of United Nations Charter and Security Council resolution — Whether depriving State of immunity under United States Foreign Sovereign Immunities Act 1976

International organizations — United Nations — Chapter VII of the United Nations Charter — Security Council — Binding decision of Security Council — Effect in municipal law — Resolution 748 (1992) — Lockerbie bombing — Whether resolution removing immunity from jurisdiction of Libyan State before United States courts

Relationship of international law and municipal law — Resolutions of the United Nations Security Council — Chapter VII of the United Nations Charter — Whether vesting private right of action in individuals — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1999

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