State Immunity in the United States

Foreign States, Components, and Political Subdivisions

Despite the practical importance of the basic distinction, neither “foreign state” nor “political subdivision” is actually defined by the statute.

Foreign state or government

Clearly the FSIA applies to a suit against the sovereign entity itself, whatever it is called (the Commonwealth of W, the Republic of X, the Kingdom of Y, the State of Z, or any other independent country, nation, union, principality, confederation, etc.), as well as to its government (which may be a named defendant even if not a separate juridical entity).

Internal government components

The term “foreign state” encompasses not only the national government but also internal governmental or administrative units, such as provinces, prefectures and parishes, cantons and counties, governorates, states, autonomous republics or regions, capital districts, territories, dependencies, and possessions.

Government departments and ministries

Main components of a national (or central) government (such as ministries of defense, foreign affairs, finance, commerce, or interior, as well as the armed forces) are also properly considered part of the state itself. The same is true of central banks.

Immunity of States from Jurisdiction

The main subsections of Immunity of States from Jurisdiction include:

• Immunity of Foreign State from Jurisdiction to Adjudicate: Learn about Immunity of Foreign State from Jurisdiction to Adjudicate in the U.S. legal Encyclopedia
• Definition of Foreign State: Learn about Definition of Foreign State in the Law of the United States in the U.S. legal Encyclopedia
• Immunity Waiver and Counterclaims: Learn about immunity Waiver and Counterclaims in the U.S. legal Encyclopedia
• Claims Based upon Commercial Activity: Learn about Claims Based upon Commercial Activity in the U.S. legal Encyclopedia
• Claims Concerning Property Taken in Violation of International Law: Learn about Claims Concerning Property Taken in Violation of International Law in the Law of the United States in the U.S. legal Encyclopedia
• Claims Based on Rights to Property in the United States: Learn about Claims Based on Rights to Property in the United States and related Law of the United States in the U.S. legal Encyclopedia
• Claims in Non-Commercial Tort: Learn about Claims in Non-Commercial Tort in the U.S. legal Encyclopedia
• Claims Arising from Agreements to Arbitrate: Learn about Claims Arising from Agreements to Arbitrate in the Law of the United States in the U.S. legal Encyclopedia
• Claims in Admiralty or Maritime Law: Learn about Claims in Admiralty Law of the United States in the U.S. legal Encyclopedia
• Claims Against State Sponsors of Terrorism: Learn about Claims Against State Sponsors of Terrorism in the Law of the United States in the U.S. legal Encyclopedia
• Service of Process, Venue, Removal: Learn about Service of Process, Venue, and Removal in the Law of the United States in the U.S. legal Encyclopedia
• Discovery Abroad: Learn about Discovery in the Law of the United States in the U.S. legal Encyclopedia
• Default Judgment Against Foreign State: Learn about Default Judgment Against Foreign State in the Law of the United States in the U.S. legal Encyclopedia
• Execution or Other Enforcement of Judgment Against Foreign State: Learn about Execution or Other Enforcement of Judgment Against Foreign State in the Law of the United States in the U.S. legal Encyclopedia

Foreign Immunity Government

More about Immunity

Immunity and Privileges

Read more about Immunity and Privileges in this American legal Encyclopedia.

Immunity Clause

Read more about Immunity Clause in this American legal Encyclopedia.

Immunity Definition

Read more about Immunity Definition in this American legal Encyclopedia.

Immunity from Prosecution

Read more about Immunity from Prosecution in this American legal Encyclopedia.

Immunity from Seizure

Read more about Immunity from Seizure in this American legal Encyclopedia.

Immunity from Suit

Read more about Immunity from Suit in this American legal Encyclopedia.

Immunity Means

Read more about Immunity Means in this American legal Encyclopedia.

Immunity of Citizens

Read more about Immunity of Citizens in this American legal Encyclopedia.

Immunity of Heads of State

Read more about Immunity of Heads of State in this American legal Encyclopedia.

Immunity of State Officials

Read more about Immunity of State Officials in this American legal Encyclopedia.

Immunity Ratione Material

Read more about Immunity Ratione Material in this American legal Encyclopedia.

Foreign Immunity

Read more about Foreign Immunity in this American legal Encyclopedia.

Immunity Regulations

Read more about Immunity Regulations in this American legal Encyclopedia.

Immunity Response

Read more about Immunity Response in this American legal Encyclopedia.

Immunity Specialized Agencies

Read more about Immunity Specialized Agencies in this American legal Encyclopedia.

U.S. Foreign Sovereign Immunities Act

Read more about U.S. Foreign Sovereign Immunities Act in this American legal Encyclopedia.

Immunity to Diplomats

Read more about Immunity to Diplomats in this American legal Encyclopedia.

State Immunity (Sovereign Immunity)

This section introduces, discusses and describes the basics of state immunity. Then, cross references and a brief overview about Sovereign Immunity is provided. Finally, the subject of Federal, State Interrelationships in relation with state immunity is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.