Document Type

Article

Disciplines

International Law

Abstract

On March 9, 1987, the United States Supreme Court denied certiorari in Jackson v. People's Republic of China,1 bringing an end to a case that had a very unusual factual and procedural history.2 The original district court ruling in the case did not apply the Foreign Sovereign Immunities Act [hereinafter FSIA] retroactively. 3 Jackson demonstrates the implications of immunity when it is found to apply, as well as when it is not found to apply. The case is a study in the operation of sovereign immunity in the United States and its effect on a foreign sovereign.

In order to provide the proper backdrop for the events leading to this case, a broad overview will be given of the development of sovereign immunity in the United States.4 As additional background to the case itself, the article will briefly review the history of the underlying debt which gave rise to the claim. 5 The facts more specifically bearing on this particular case will then be discussed.6 The decision and the reasoning will be presented separately at each stage of the litigation to clarify the evolution of the case. Mention will be made of Carl Marks & Co., Inc. v. U.S.S.R.,8 a case which was affirmed on appeal on February 29, 1988, and which involved similar facts.9 Finally, a brief analysis will be provided, discussing the implications of the Jackson decision.

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