Frolova v. Union of Soviet Socialist Republics

Abstract

State immunity — Jurisdictional immunity — United States Foreign Sovereign Immunities Act 1976 — Tort exception — Action for damages against a foreign State — Whether applicable only where act or omission occurs within the United States

Jurisdictional immunity — Waiver — Whether ratification of treaties constitutes waiver of immunity — Whether individual can rely on State’s ratification of treaties to bring action — United Nations Charter — Helsinki Accords — United States Foreign Sovereign Immunities Act 1976 — Individual seeking damages for foreign State’s refusal to allow spouse to leave country — Damages for mental and physical distress and violation of rights of consortium

Treaties — Application — Whether treaties creating private rights of action — Whether private rights dependent on whether treaty self-executing — United Nations Charter — Helsinki Accords — Whether ratification of treaties constitutes implicit waiver of State immunity — Action for damages by individual against foreign State — The law of the United States