This Note argues that federal common law should determine all attribution of liability issues in actions brought under the FSIA. Part I discusses the FSIA, its history and policies, and the sole U.S. Supreme Court decision to discuss the proper choice of law approach for attribution of liability under the FSIA. Part II examines subsequent cases that have either followed or distinguished the Supreme Court's choice of law approach in deciding questions of agency or respondeat superior. Part III argues that congressional intent demands the application of federal common law to determine questions of attribution of liability in actions brought under the FSIA. This Note concludes that federal courts should apply federal common law to determine the limited question of attribution of liability.
Choosing Law for Attributing Liability Under the Foreign Sovereign Immunities Act: A Proposal for Uniformity,
15 Fordham Int'l L.J. 1060
Available at: http://ir.lawnet.fordham.edu/ilj/vol15/iss4/5