Permanent Mission of India v. New York City
Issues
- Does the exception to sovereign immunity under the Foreign Sovereign Immunities Act for cases “in which . . . rights in immoveable property situated in the United States are in issue” provide jurisdiction to pass declaratory judgment on the validity of a tax lien?
- May U.S. courts appropriately consider international treaties in interpreting international law?
In April 2003, New York City brought actions against the Permanent Missions of India and Mongolia to the United Nations for unpaid property taxes. The Missions claimed that they were immune to suit under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 et seq., but the Court held that it had jurisdiction under a statutory exception for cases in which rights in real property situated in the United States are in issue. In doing so, the Court interpreted the Act using the European Convention on State Immunity and the United Nations Convention on Jurisdictional Immunities of States and Their Properties. In this case, the Supreme Court will determine the most proper construction of the real property exception to sovereign immunity under the Act. Additionally, the Court will clarify whether the lower court’s use of international law to interpret a United States federal statute was appropriate.
Questions as Framed for the Court by the Parties
1. Does the exception to sovereign immunity for cases “in which ... rights in immovable property situated in the United States are in issue,” 28 U.S.C. § 1605(a)(4), provide jurisdiction for a municipality’s lawsuit seeking to declare the validity of a tax lien on a foreign sovereign’s real property when the municipality does not claim any right to own, use, enter, control or possess the real property at issue?
2. Is it appropriate for U.S. courts to interpret U.S. statutes by relying on international treaties that have not been signed by the U.S. Government and that do not accurately reflect international practice because they have only been signed by a limited number of other nations?
The Permanent Mission of India to the United Nations (Indian Mission) is located in a 26-floor building in Manhattan, New York City. New York v. Permanent Mission of Indian to the United Nations, 446 F.3d 365, 367 (2d Cir. 2006).