Cardozo Journal of International and Comparative Law
Abstract
The note examines the extraterritorial application of the Fifth Amendment's Takings Clause to foreign nationals, focusing on the case of El-Shifa Pharmaceutical Industries Co. v. U.S.. It argues that the Takings Clause should apply to alien-owned property abroad, emphasizing natural rights theory and the influence of John Locke on U.S. constitutional law. The analysis critiques the U.S. Court of Federal Claims' dismissal of Salah Idris's claim, which denied compensation for the destruction of his pharmaceutical plant in Sudan during a U.S. military strike. The author advocates for extending the clause's protections to foreign property owners, aligning U.S. law with international norms and reinforcing constitutional limits on federal power.
Disciplines
Constitutional Law | Jurisdiction | Law
Recommended Citation
Nathaniel Segal,
After El-Shifa: The Extraterritorial Availability Of The Takings Clause,
13
Cardozo J. Int'l & Comp. L.
293
(2005).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol13/iss1/10