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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/resfrlus0045 and id is 1 raw text is: FOREIGN RELATIONS LAW OF THE UNITED STATES 2D Generally C.A.D.C.2019. Cit. generally in conc. op. In American citizen's action under the Torture Victims Protection Act against foreign officials from the Democratic Republic of the Congo (DRC), this court vacated the district court's determination that defendants were immune from suit and remanded, holding that defendants were not entitled to conduct-based foreign-official immunity under Restatement Second of Foreign Relations Law, because they failed to prove that exercising jurisdiction was tantamount to enforcing a rule of law against the DRC itself. A concurring opinion noted that the Restatement Second had been superseded by the Restatement Third of Foreign Relations Law. Lewis v. Mutond, 918 F.3d 142, 148. INTRODUCTION § 1. International Law Defined C.A.D.C.2019. Com. (c) quot. in conc. op. In American citizen's action under the Torture Victims Protection Act against foreign officials from the Democratic Republic of the Congo (DRC), this court vacated the district court's determination that defendants were immune from suit and remanded, holding that defendants were not entitled to conduct-based foreign-official immunity under Restatement Second of Foreign Relations Law § 66, because they failed to prove that exercising jurisdiction was tantamount to enforcing a rule of law against the DRC itself. A concurring opinion cited Restatement Second of Foreign Relations Law § 1, which explained that the paucity of adjudicated decisions in the international field had led to greater reliance on non-judicial sources that in domestic law, in noting that the Act imposed liability for actions that would render a foreign official eligible for immunity under § 66, and that, where there was such a clear conflict between statutory law and judge-made common law, the common law had to give way. Lewis v. Mutond, 918 F.3d 142, 149. § 2. Foreign Relations Law of the United States Defined C.A.D.C.2019. Subsec. (2) quot. in conc. op.; com. (f) cit. in conc. op. In American citizen's action under the Torture Victims Protection Act against foreign officials from the Democratic Republic of the Congo (DRC), this court vacated the district court's determination that defendants were immune from suit and remanded, holding that defendants were not entitled to conduct-based foreign-official immunity under Restatement Second of Foreign Relations Law § 66, because they failed to prove that exercising jurisdiction was tantamount to enforcing a rule of law against the DRC itself. A concurring opinion cited Restatement Second of Foreign Relations Law § 2 in noting that the Act imposed liability for actions that would render a foreign official eligible for immunity under § 66, and that, where there was such a COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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