Document Type


Publication Date

Summer 8-1-2020

Publication Citation

27 Indiana J. Global Legal Studies 207 (2020)


I. Introduction

II. Immunity from Suit in Public International Law

(A) Sovereign Immunity

(i) Sources of Sovereign Immunity

(ii) Legal Theory on Sovereign Immunity

(iii) Doctrinal Evolution of Sovereign Immunity

(B) Jurisdictional Immunity for International Organizations

(C) Sovereign Immunity and Immunity for International Organizations


III. Jam v. Int'l Finance Corporation:

A New Dawn for International Organizations in the United States

(A) Jam v. Int'l Finance Corporation: Majority View

(B) Jam v. Int'l Finance Corporation: Dissenting Opinion by Justice Breyer

IV. The Exception that Proves but does not Swallow the rule on Virtually

Absolute Immunity: Criticism of the Majority in the Jam Opinion

from a Textualist Standpoint

(A) A Conceptual Caveat: Jurisprudential Logic

(i) Models of a Proper Jurisprudential Analysis

(B) Text and Textual Consequences

(C) Precedent and History

(D) Structure

(E) Concluding Remarks on Textualism

V. Implications for the Court and International Organizations:

Criticism of the Majority Opinion from a Purposivist Standpoint

VI. Concluding Remarks