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Extracted Text (OCR)
8 JAM v. INTERNATIONAL FINANCE CORP.
Opinion of the Court
to the rights in question. See Jones v. Alfred H. Mayer
Co., 892 U.S. 409, 427-480 (1968). Similarly, the Federal
Tort Claims Act states that the “United States shall be
liable” in tort “in the same manner and to the same extent
as a private individual under like circumstances.” 28
U.S. C. §2674. That provision is most. naturally under-
stood to make the United States liable in the same way as
a private individual at any given time. See Richards v.
United States, 369 U.S. 1, 6-7 (1962). Such “same as”
provisions dot the statute books, and federal and state
courts commonly read them to mandate ongoing equal
treatment of two groups or objects. See, e.g., Adamson v.
Bowen, 855 F. 2d 668, 671-672 (CA10 1988) (statute mak-
ing United States liable for fees and expenses “to the same
extent that any other party would be liable under the
common law or under the terms of any statute” interpreted
to continuously tie liability of United States to that of
any other party); Kugler’s Appeal, 55 Pa. 128, 124-125
(1867) (statute making the procedure for dividing election
districts “the same as” the procedure for dividing town-
ships interpreted to continuously tie the former procedure
to the latter).
The IFC objects that the IOIA is different because the
purpose of international organization immunity is entirely
distinct from the purpose of foreign sovereign immunity.
Foreign sovereign immunity, the IFC argues, is grounded
in the mutual respect. of sovereigns and serves the ends of
international comity and reciprocity. The purpose of
international organization immunity, on the other hand, is
to allow such organizations to freely pursue the collective
goals of member countries without undue interference
from the courts of any one member country. The IFC
therefore urges that the IOIA should not be read to tether
international organization immunity to changing foreign
sovereign immunity.
But that gets the inquiry backward. We ordinarily
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