Response to Darren Bush op-ed

Posted on July 3, 2008 by Stephen Zamora

The last time OPEC was sued over price fixing (IAM v. OPEC, in the 1970s), the U.S. District Court ruled that OPEC lacked legal personality to be sued as an entity. 

The lawsuit proceeded against the individual OPEC governments, but was dismissed on the grounds that the Foreign Sovereign Immunities Act (FSIA) made the governments immune from suit. The court in that case ruled that the commercial activities exception contained in FSIA did not apply, the court interpreting the governmental activity to be protection of natural resources, not price fixing. See IAM v. OPEC, 477 F. Supp. 1097 (C.D. Calif. 1979), affd on other grounds, 649 F. 2d 1354, cert. denied, 454 U.S. 1163 (1982)

Link to the LA Times op-ed via  http://www.latimes.com/news/opinion/la-oe-first19-2008jun19,0,7991948.story

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Josh - July 4, 2008 12:32 AM

So we recognize OPEC is a cartel, whose actions have an impact on global markets, yet have no accountability to other nations due to political red tape.

If we can't change the process diplomatically, and they have no incentive to change willingly, do we have other avenues of action beyond military force?

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