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Extracted Text (OCR)
8 JAM v. INTERNATIONAL FINANCE CORP.
BREYER, J., dissenting
many organizations contracted in scope in 1952, when the
State Department modified foreign government immunity
to exclude commercial activities. Most organizations could
not rely on the treaty provisions quoted above to supply
the necessary immunity. That is because, unless the
treaty provision granting immunity is “self-executing,” L.e.,
automatically applicable, the immunity will not be effec-
tive in U.S. courts until Congress enacts additional legis-
lation to implement it. See Medellin v. Texas, 552 U.S.
491, 504-505 (2008); but see id., at 546-547 (BREYER, J.,
dissenting). And many treaties are not self-executing.
Thus, in the ordinary case, not even a treaty can guaran-
tee immunity in cases arising from commercial activities.
The UN provides a good example. As noted, the UN
Charter required the United States to grant the UN all
“necessary” immunities, but it was not self-executing. In
1946, the UN made clear that it needed absolute immu-
nity from suit, including in lawsuits based upon its commer-
cial activities. See Convention on Privileges and Immuni-
ties of the United Nations, Art. II, §2, Feb. 18, 1946, 21
U.S. T. 1422, T. I. A. S. No. 6900 (entered into force Apr.
29, 1970); see also App. to S. Exee. Rep. No. 91-17, p. 14
(1970) (The U.N.’s immunity from legal process extends
to matters arising out its commercial dealings ...”). But,
until Congress ratified that comprehensive immunity
provision in 1970, no U.S. law provided that immunity
but for the Immunities Act. Jd., at 1. Both the UN and
the United States found this circumstance satisfactory
because they apparently assumed the Immunities Act
extended immunity in cases involving both commercial
and noncommercial activities: When Congress eventually
(in 1970) ratified the UN’s comprehensive immunity pro-
vision, the Senate reported that the long delay in ratifica-
tion “appears to have been the result of the executive
branch being content to operate under the provisions of
the” Immunities Act. Id., at 2.
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