The Sidebar: Supreme Court of the United States

In a case of the Foreign Sovereign Immunities Act (FSIA). The central dispute revolves around the interpretation of the FSIA's expropriation exception, specifically whether commingling of expropriated assets with a nation's general funds eliminates jurisdiction. The justices debate the meaning of "exchanged for" within the statute, exploring whether a direct link between present-day assets and past expropriations is required. Arguments also concern the burden of proof in demonstrating such a link, and potential foreign policy ramifications of different interpretations. Finally, the justices consider the relevance of tracing principles from other areas of law.