TITLE:
Forget International Law Not: IFC Loses Absolute Immunity in Jam v International Finance Corporation
AUTHORS:
Wenjun Yan, Lin Shang
KEYWORDS:
International Organization, International Finance Corporation, Judicial Immunity, Functional Immunity, Customary International Law
JOURNAL NAME:
Beijing Law Review,
Vol.13 No.3,
September
30,
2022
ABSTRACT: In Jam v International Finance Corporation (Jam case), the United States (US) Supreme Court (Supreme Court) applied a dynamic approach in interpreting the International Organizations Immunities Act (IOIA) and found that immunity of international organizations (IOs) and foreign sovereign immunity shall be continuously equivalent. Jam case interpreted US domestic law in depth but did not carry out detailed analysis of IO immunity under international law. This case note discusses sources of IO immunity under international law, which can serve as a basis for arguments in future litigations involving IOs, and observes that Jam case does not necessarily increase the litigation risks of all IOs.