BRIEF OF AMICI CURIAE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW, ACCOUNTABILITY COUNSEL, CENTER FOR CONSTITUTIONAL RIGHTS, CENTRE FOR RESEARCH ON MULTINATIONAL CORPORATIONS, GLOBAL WITNESS, INCLUSIVE DEVELOPMENT INTERNATIONAL, INTERNATIONAL ACCOUNTABLITY PROJECT, ERICA R. GOULD, AND JENNIFER M. GREEN IN SUPPORT OF PETITIONERS

This amicus curiae brief, submitted by the Center for International Environmental Law (CIEL) and other organizations, argues that the International Organizations Immunities Act (IOIA) should be interpreted under a "restrictive theory" of immunity. The brief contends that international organizations, such as the International Finance Corporation (IFC), should be immune from suits relating to governmental acts but not from those relating to commercial activities, aligning the IOIA with the Foreign Sovereign Immunities Act (FSIA).

• The amici argue that the International Organizations Immunities Act (IOIA) is a "general reference" statute, meaning it should incorporate subsequent changes in foreign sovereign immunity law, specifically the restrictive theory of immunity established by the Foreign Sovereign Immunities Act (FSIA).
• A restrictive theory of immunity would complement existing Independent Accountability Mechanisms (IAMs) by providing a judicial path to an effective remedy when non-judicial processes fail to produce a satisfactory resolution.
• The brief asserts that claims of absolute immunity damage the public image of international organizations by creating a perception that they are "above the law," which can lead to mistrust and hinder their missions.
• The amici contend there is no empirical evidence to support the claim that a restrictive theory of immunity would lead to a "floodgate of lawsuits." They note that the IFC's own Compliance Advisor Ombudsman (CAO) has registered only 178 complaints since its inception, and that complaints in FY2001–15 represented less than 3% of total IFC-financed projects.
• The brief argues that the threat of litigation under a restrictive theory of immunity would incentivize international organizations to strengthen their internal accountability mechanisms and be more responsive to findings of non-compliance.

APA

Center for International Environmental Law (2018). BRIEF OF AMICI CURIAE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW, ACCOUNTABILITY COUNSEL, CENTER FOR CONSTITUTIONAL RIGHTS, CENTRE FOR RESEARCH ON MULTINATIONAL CORPORATIONS, GLOBAL WITNESS, INCLUSIVE DEVELOPMENT INTERNATIONAL, INTERNATIONAL ACCOUNTABLITY PROJECT, ERICA R. GOULD, AND JENNIFER M. GREEN IN SUPPORT OF PETITIONERS. https://www.ciel.org/wp-content/uploads/2018/08/2018-07-31-Amicus-Brief-CIEL-et-al-Jam-v-IFC.pdf

Chicago

Center for International Environmental Law. BRIEF OF AMICI CURIAE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW, ACCOUNTABILITY COUNSEL, CENTER FOR CONSTITUTIONAL RIGHTS, CENTRE FOR RESEARCH ON MULTINATIONAL CORPORATIONS, GLOBAL WITNESS, INCLUSIVE DEVELOPMENT INTERNATIONAL, INTERNATIONAL ACCOUNTABLITY PROJECT, ERICA R. GOULD, AND JENNIFER M. GREEN IN SUPPORT OF PETITIONERS. 2018. https://www.ciel.org/wp-content/uploads/2018/08/2018-07-31-Amicus-Brief-CIEL-et-al-Jam-v-IFC.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=BRIEF OF AMICI CURIAE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW, ACCOUNTABILITY COUNSEL, CENTER FOR CONSTITUTIONAL RIGHTS, CENTRE FOR RESEARCH ON MULTINATIONAL CORPORATIONS, GLOBAL WITNESS, INCLUSIVE DEVELOPMENT INTERNATIONAL, INTERNATIONAL ACCOUNTABLITY PROJECT, ERICA R. GOULD, AND JENNIFER M. GREEN IN SUPPORT OF PETITIONERS |date=31 July 2018 |url=https://www.ciel.org/wp-content/uploads/2018/08/2018-07-31-Amicus-Brief-CIEL-et-al-Jam-v-IFC.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2018brief, author = {{Center for International Environmental Law}}, title = {{BRIEF OF AMICI CURIAE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW, ACCOUNTABILITY COUNSEL, CENTER FOR CONSTITUTIONAL RIGHTS, CENTRE FOR RESEARCH ON MULTINATIONAL CORPORATIONS, GLOBAL WITNESS, INCLUSIVE DEVELOPMENT INTERNATIONAL, INTERNATIONAL ACCOUNTABLITY PROJECT, ERICA R. GOULD, AND JENNIFER M. GREEN IN SUPPORT OF PETITIONERS}}, institution = {Center for International Environmental Law}, year = {2018}, month = jul, url = {https://www.ciel.org/wp-content/uploads/2018/08/2018-07-31-Amicus-Brief-CIEL-et-al-Jam-v-IFC.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }