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- Title
Altmann v. Austria and the Retroactivity of the Foreign Sovereign Immunities Act.
- Authors
Vázquez, Carlos M.
- Abstract
The article discusses the legal issue concerning the retroactivity of Foreign Sovereign Immunities Act of 1976 (FSIA) in the case of Republic of Austria vs. Altmann. It mentions that the retroactivity issue concerns on the claim of Altmann that the action of Austria in taking the paintings of Klimts violates the customary international law however, the Austria argued that the exception of FSIA for the takings was inapplicable since the event took place before the enactment of FSIA. It notes that the Executive Branch established a policy and announced in the Tate Letter the recognition of the absolute theory of immunity. It outlines the statement of justices on the enactment of the Statute to the foreign sovereign immunity.
- Subjects
AUSTRIA; RETROACTIVE laws; INTERNATIONAL law; CONFLICT of laws; POLITICAL privileges &; immunities; ACTIONS &; defenses (Law); STATUTES; INTERNATIONAL courts; ANTIQUITIES
- Publication
Journal of International Criminal Justice, 2005, Vol 3, Issue 1, p207
- ISSN
1478-1387
- Publication type
Article
- DOI
10.1093/jicj/3.1.207