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Peterson and Others v. Islamic Republic of Iran; Bank Markazi v. Peterson and Others

United States of America.  13 March 2013 ; 09 July 2014 ; 20 April 2016 .

Published online by Cambridge University Press:  07 August 2023

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Abstract

Damages — Compensatory damages — Damages awarded to victims of State-sponsored terrorism — Availability of foreign State-owned property for attachment in aid of execution of judgment for damages — Assets of central bank — Foreign Sovereign Immunities Act 1976 — Section 1610 — Exceptions to immunity of State-owned property from attachment in aid of execution — Section 1611 — Assets of central bank immune from attachment in aid of execution — Terrorism Risk Insurance Act 2002 — Section 201(a) — Assets of terrorist party to be made available in aid of execution or attachment — Iran Threat Reduction and Syria Human Rights Act 2012 — Blocked assets of Government of Iran to be made available to the plaintiffs — Whether Iran Threat Reduction and Syria Human Rights Act 2012 violating United States Constitution

Relationship of international law and municipal law — Treaties — Treaty of Amity, Economic Relations and Consular Rights, 1955 — Effect in municipal law — Iran Threat Reduction and Syria Human Rights Act 2012 — Whether United States statute violating 1955 Treaty

State immunity — Foreign Sovereign Immunities Act 1976 — Terrorism exception to State immunity — Whether foreign State-owned property immune from attachment in aid of execution of judgment for damages — Foreign Sovereign Immunities Act 1976 — Terrorism Risk Insurance Act 2002 — Iran Threat Reduction and Syria Human Rights Act 2012 — Whether United States municipal law removing immunity of Iranian State property constitutional

Terrorism — State-sponsored terrorism — Damages — Ability of victims of State-sponsored terrorism to receive compensatory damages — State immunity — Ability of victims of State-sponsored terrorism to turn over State-owned property in aid of execution of judgment for compensatory damages

Treaties — Treaty of Amity, Economic Relations and Consular Rights, 1955 — Effect in municipal law — Relationship between treaty and municipal law — Alleged conflict between treaty and municipal statute — Whether United States statute violating 1955 Treaty — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press & Assessment 2023

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