As we learned in our textbook, the Foreign Sovereign Immunities Act (FSIA) provides the jurisdiction for "any nonjury civil action against a foreign state" in which the state is not entitled to immunity. However, it only operates under those international agreements to which the United States is a party. Generalizing this concept, it means that you may only sue a foreign country if the United States is a party to an international agreement to which the other country is also party to, under which your civil claims arise. Take a look at the steps of the litigation process here: http://travel.state.gov/content/travel/en/legal-considerations/judicial/service-of-process/foreign-sovereign-immunities-act.html
Obtaining jurisdiction over a foreign state is extremely difficult and rare. However, civil litigation involving foreign business is extremely common in the United States. In 2014, the United States Supreme Court ruled on the issues surrounding jurisdiction over foreign business in Daimler AG v. Bauman, making it more difficult for Americans to sue corporations based outside the United States. Please read the following article: Daimler AG v. Bauman, 128 Harv. L. Rev. 311 (2014).
Then answer the following:
1. Compare and contrast the Jurisdiction to Prescribe, Adjudicate and Enforce.
2. In the Daimler AG case, what types of jurisdiction did the Court discuss?
3. What was the basis for the Court's ruling? What was the main issue/reason for the decision?
4. Do you agree or disagree with the Court's decision?
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