Keitner on Immunity of Foreign Officials

Chimene Keitner has posted an article to SSRN taking issue with the views of Professors Jack Goldsmith and Curt Bradley on whether and when current and former officials of foreign nations should have immunity in U.S. courts. Here's the abstract:

The Schooner Exchange teaches that “[t]he jurisdiction of the nation within its own territory is necessarily exclusive and absolute.” Applying the Foreign Sovereign Immunities Act to grant immunity in U.S. courts to current and former foreign officials for any non-commercial conduct undertaken with the actual or apparent authority of a foreign state would dramatically undercut this basic feature of U.S. sovereignty. Arguments based on logic, policy, and international law do not compel such an extreme result.

Here's the link: http://ssrn.com/abstract=1593189