Jam v. International Finance Corp
Issues
Does the International Organizations Immunities Act, which gives international organizations the “same immunity” granted to foreign governments, confer the immunity that foreign sovereigns enjoyed when the Act was passed in 1945? Or does the immunity evolve as the immunity given to foreign sovereigns evolves?
The Supreme Court will determine whether the International Organizations Immunities Act (“IOIA”) confers immunity on the commercial activities of international organizations now that foreign governments are no longer afforded that immunity under the Foreign Sovereign Immunities Act (“FSIA”). The D.C. Circuit Court of Appeals held, and the International Finance Corporation (“IFC”) now argues, that the IOIA entitles international organizations to virtually absolute immunity and does not incorporate subsequent developments in foreign immunity law that have restricted immunity for commercial acts. However, a group of fishermen and farmers who were harmed by an IFC funded power plant in India counter that the IOIA is meant to track the development of sovereign immunity law, as codified in the FSIA, which does not currently extend to commercial acts. The Court’s decision in this case will have implications for jurisdiction over international organizations, international and domestic litigation, and international commercial activity.
Questions as Framed for the Court by the Parties
Whether the International Organizations Immunities Act—which affords international organizations the “same immunity” from suit that foreign governments have, 22 U.S.C. § 288a(b)—confers the same immunity on such organizations as foreign governments have under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11.
The International Finance Corporation (“IFC”) is an international organization (“IO”) purposed with promoting private enterprise in its 184 member countries, mainly by investing in private projects where insufficient capital is available. Jam v. Int’l Fin. Corp., 172 F. Supp. 3d 104, 106 (D.D.C.
Edited by
Additional Resources
- Eliot Kim, Supreme Court Grants Cert in Jam v. International Finance Corporation, Lawfare (June 12, 2018).
- Jimmy Hoover, Justices to Review Scope of Immunity for International Orgs., Law360 (May 21, 2018).
- Kristina Daugirdas, Can You Sue International Organizations? The Supreme Court Decides to Weigh In, Just Security (June 1, 2018).