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24 Duke J. Comp. & Int'l L. 1 (2013-2014)

handle is hein.journals/djcil24 and id is 1 raw text is: DIRECT EFFECT JURISDICTION UNDER THE
FOREIGN SOVEREIGN IMMUNITIES ACT:
SEARCHING FOR AN INTEGRATED APPROACH
JOHN C. BALZANO*
Recent decisions by the United States Supreme Court as to the
international reach of American antitrust and securities statutes have
engendered significant debate about the appropriate extraterritorial
application offederal law. Such debates have also slowly come to include
some mention of the right application of state law beyond US. boundaries
through long-arm statutes. The arguments of different commentators and
jurists universally support careful consideration of the implications of
prescribing a rule of US. law to foreign conduct, absent an appropriate
basis in international law and practice. The time is now right, therefore, to
consider how these debates affect a statute that combines federal and state
law and potentially prescribes both of those sources of law abroad in the
same action: The Foreign Sovereign Immunities Act (FSIA).
This Article discusses the direct effect provision under FSIA's
commercial activities exception.    It argues that the jurisprudence
interpreting the appropriate reach of that provision has become confusing
and unworkable, and advocates a reinterpretation in light of the ongoing
larger discussion about extraterritoriality in the federal and state law
contexts.
TABLE OF CONTENTS
INTRODUCTION             ................................................. 2
I. RELEVANT ASPECTS OF FSIA                          ..........................6
II. THE DEBATE OVER EXTRATERRITORIALITY................... 9
A. General Principles under International Law ......... . .................... 9
Copyright C 2013 by John C. Balzano.
* Visiting Assistant Professor, Boston University School of Law (2012-June 2013). I would like to
thank Alexandra Roberts, Orly Rachmilovitz, Jeffrey Cohen, Robert Sloane, Tamar Frankel, Lilian
Faulhauber, Daniela Caruso, David Walker, James Fleming, William P. Marshall, Wendy Gordon,
Anna Di Robilant, and David Seipp and others who expressed helpful views at the presentation of this
paper at Boston University School of Law. The views expressed herein are my own and do not
represent those of any of the organizations with which I am or was affiliated.

I

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