Jam and Others v. International Finance Corporation

Abstract

International organizations — Immunity — Absolute immunity — Restrictive immunity — International Finance Corporation — International Organizations Immunities Act 1945 (“IOIA”) — Whether IOIA conferring same immunity on international organizations as foreign governments enjoying under Foreign Sovereign Immunities Act 1976 — Whether international organizations enjoying absolute or limited immunity under United States Federal law — Whether restrictive immunity meaning unlimited exposure to suit

Jurisdiction — Immunity — Immunity from suit — International Organizations Immunities Act 1945 — Privileges and immunities of international organizations comparable to those enjoyed by foreign governments — Whether international organizations enjoying absolute or limited immunity under United States Federal law — Whether restrictive immunity meaning unlimited exposure to suit — Whether International Finance Corporation enjoying absolute immunity from suit

Environment — Pollution — Construction and operation of coal-fired power plant in India — International Finance Corporation (“IFC”) making loan to Indian company for construction of plant — Non-compliance of Indian company with environmental and social action plan — Loan agreement allowing IFC to revoke financial support if terms of agreement not complied with — Petitioners bringing claims against IFC — Whether IFC having immunity from suit under International Organizations Immunities Act 1945 — The law of the United States