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?