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Lawfare Archive: The Past, Present and Future of Sovereign Immunity

The Lawfare Podcast

CHAPTER

Is Congress Really Authorized Under US Law?

JASTA does not create any special regime for execution of judgments, so it may be very hard for successful plaintiffs to collect. Claims understandably feel that diplomatic avenues for recourse have been unsatisfactory and that certainly going to the foreign country's own courts wouldn't result in a satisfactory compensatory regime. Congress thinks of these exceptions to immunity as maybe being sort of a tool in the United States's foreign policy toolkit akin to something like sanctions.

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