Sovereignty and community after Haiti: rethinking the collective use of force
Article Abstract:
The intervention in Haiti demonstrates the need for rethinking of principles governing the use of force, a reevaluation which has not yet been undertaken by the world community. Community principles have been growing in importance at the expense of principles of sovereignty. The old rules governing the use of force are no longer operative, but a case-by-case approach is being followed in the absence of a new consensus on principles. In the absence of such a new principle, however, the old principle of respect for sovereignty should be maintained.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1995
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Foreign sovereign immunity - commercial activity of a foreign state having a direct effect in the United States
Article Abstract:
The Supreme Court held in Argentina v Weltover, Inc that the commercial activity exception to the Foreign Sovereign Immunities Act of 1976 (FSIA) permitted jurisdiction over Argentina in an attempt to force repayment of 'bonds denominated in US dollars.' FSIA's jurisdictional nexus requirement was also met since repayment was to be deposited in a New York bank. The commercial activity exception to foreign states' sovereignty may be broadened as a result of this decision.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1992
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