Sat, Dec. 27, 2008

FSIA and Italian Enforcement

CK - Washington.   A German-Italian dispute related by the International Court of Justice in a press release may eventually affect the construction of the Foreign Sovereign Immunities Act in the United States and similar statutes elsewhere. With its December 23, 2008 petition, Germany seeks the clarification of enforcements of judgments against non-commercial property of a foreign sovereign. The petition of follows proceedings in Italy and Greece resulting in judgments against Germany and subsequent enforcement action in Italy, including a judicial mortgage recorded against German sovereign real estate. The Italian view of international law in this respect is broader than the American and German views. Therefore, a decision by the World Court may produce implications exceeding the reach of the nations involved. The court intends to publish the German petition soon.


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