Saltany and Others v. Reagan and Others

Abstract

Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — United States bombardment of Libya — Use of bases in the United Kingdom — Whether action of United Kingdom in allowing use of bases an act of State — Whether action against United Kingdom and other defendants an abuse of the procedure of the court

State immunity — Jurisdictional immunity — Basis for jurisdiction over foreign States — Foreign Sovereign Immunities Act 1976 — Whether exclusive basis for jurisdiction — Alien Tort Claims Act — Whether use of force in alleged contravention of international law within any of the exceptions to immunity under the Act — Whether any relevant international agreements in conflict with grant of immunity

War and armed conflict — Self-defence — Reaction to terrorist attacks — Aerial bombardment — United States bombardment of Libya — Whether an illicit act of war — Whether justiciable — The law of the United States