Sovereign Immunity Not Waived for Non-Extreme, Even Highly Unfair Results, Absent Express and Unambiguous Waivers by Statute or Regulation

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In prior postings we have tried to identify cases where courts have drawn distinctions between U.S. and non-U.S. citizens in terms of according them rights and entitlements in connection with international disputes. In the area of application of the Foreign Sovereign Immunities Act in particular there has been a growing debate concerning whether U.S. citizens should be treated the same, better, or worse than non-U.S. citizens when they bring suit against non-U.S. sovereigns.

What is the law on the related question of when is U.S. immunity waived or not waived when dealing with conduct that creates what the court calls real unfairness but that doesn’t rise to the level of international terror, torture, or similar wrong?

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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