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sis on the parameters of that doctrine. Second, on October 31, 1975, the Administration submitted to Congress proposed legislation with respect to the immunities of foreign states in U.S. courts. This litigation seeks to codify the restrictive theory of sovereign immunity under international law, and to transfer sovereign immunity decisions exclusively to the courts. It should be noted that in most other nations, sovereign immunity is an international law issue that is left to the courts. In addition, the bill sets forth comprehensive methods of commencing a lawsuit against a foreign state through service of process, while eliminating the necessity of bringing suit through attachments of foreign government property. We believe that the bill, if enacted, would bring greater certainty to relations between private persons and foreign states or their instrumentalities, while also enhancing the role of U.S. courts in the international legal process.


Legal Adviser Department of State


April 1976

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