DC Circuit: Alan Philipp v. Federal Republic of Germany

Intrastate expropriation of art rises to the level of genocidal act where the taking is in furtherance of a plan to deny a people sufficient resources to survive as a people, including wealth and articles of commerce; under the FSIA, the obligation to prove the contrary is with the state.

Insufficient nexus for the state defendant.

There is no statutory exhaustion requirement for expropriation in the FSIA; questions of international comity are best addressed by Congress.

As there is no direct conflict between the aims of state tort actions and the FSIA, the former are not preempted.



 
.
~ ,