REFLECTIONS ON THE PRINCIPLE OF JURISDICTIONAL IMMUNITY OF INTERNATIONAL ORGANIZATIONS IN THE AFTERMATH OF THE SUPREME COURT OF THE UNITED STATES’ JUDGMENT “JAM ET AL. V. INTERNATIONAL FINANCE CORPORATION”.

Abstract

On 27 February 2019 the Supreme Court of the United States issued a judgment regarding the interpretation of the International Organizations Immunities Act, following a suit filed by a group of Indian fishermen against the International Finance Corporation. The Court stated that the principal of jurisdictional immunity of international organizations shall be linked to that of State immunity, so that, with some due exceptions, all international organizations should be entitled only to a restrictive immunity from suit and not an absolute one. The aim of this paper, therefore, is to comment the decision of the Court and analyse whether it fits with the universally recognised principles of international law.

Keywords: jurisdictional immunity of international organizations; Supreme Court of the United States; International Finance Corporation; State immunity; restrictive and absolute immunity.