Evidence and Burden of Proof under the Foreign Sovereign Immunities Act, 1976

‘Evidence and Burden of Proof under the Foreign Sovereign Immunities Act, 1976: A Procedural Guide for Business Lawyers and Government’ by Dr. Peter Fritz Walter is a specialized and practically useful analysis of the evidence problems and the burden of proof in matters of foreign sovereign immunity litigation under the FSIA 1976, both regarding jurisdictional immunities and immunity from execution. 

The monograph is an in-depth analysis of both the common law history and the final enactment of foreign sovereign immunity in the United States.

The United States’ Foreign Sovereign Immunities Act, 1976 has been welcomed by business lawyers in all Anglo-Saxon jurisdictions as a definite progress in terms of litigation practice and transparency as to the evidence rules, and the burden of proof that apply in cases involving foreign sovereign immunity..

The study concludes in demonstrating two distinct rules of the burden of proof, for each kind of immunity; the rules are widely uniform, and were corroborated by case law and scholarly opinion in all of the examined jurisdictions. They can be said to form today rules of international law.

The book can be taken as a reference guide for solving the evidence problems in trials against foreign states before American district courts, and as such is a precious asset in any international law library, especially for business lawyers in the United States and Canada.

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