Francisco Javier Zamora Cabot on the US Supreme Court case of Obb Personenverkehr AG v. Sachs

Francisco Javier Zamora Cabot has placed the following paper on SSRN:

Access of Victims to Justice and Foreign Conducts: The U.S.S.C. Gives Another Turning of the Screw in the Obb Personenverkeher V. Sachs Case, on Sovereign Immunity

The text is in Spanish, but the English abstract reads:

This Note addresses an outline and a critical approach of the Decision of the Supreme Court of the United States of America in Sachs case. After an introduction bringing to the fore in tune with the rulings made by the High Court in its recent and well-known jurisprudence, outstanding among which are Kiobel and Daimler, we present the precedents of the case and the main arguments put forward by the reporting Justice Roberts. Such arguments are debated afterwards in a long and detailed way, following overall assessments on the Decision. With respect to our conclusive comments we refer to the possibility of introducing into both the US jurisdictional system and sovereign immunity the foundations of the methodological approaches of the US modern doctrine as far as the choice of the applicable law is concerned, advocating for a greater awareness on the part of the Supreme Court with regard to the critical problem of access to justice.

Comments on this entry are closed.

  • Sieg Eiselen July 1, 2016, 9:12 am

    This is an example of a thoroughly unhelpful abstract. After reading it, it is almost impossible to tell which area of the law is being discussed. one can only tell that the US Supreme Court has delivered an important decision on something.

  • Francisco Javier Zamora Cabot July 1, 2016, 10:47 am

    People at the SSRN and the two referees that gave green light to the publication of this Note in the REEI, one of the most authoritative and specialized publications in the spanish-speaking world, have thought otherwise, I daresay. But I must concede that some previous knowledge of the USSC jurisprudence related to international human rights matters is needed. Making an abstract is not an easy task, in any case, and I’m sorry that this one does not fulfill your expectations. Best regards. F. J. (Paco) Zamora Cabot.