Hawaii
How Federal Republic of Germany v. Philipp applies in Hawaii: state-specific rules, key cases, and bar exam notes for International Law / Sovereign Immunity (FSIA).
Hawaii follows the federal approach to sovereign immunity as provided under the Foreign Sovereign Immunities Act (FSIA). The principles established in Philipp regarding the waiver of immunity by foreign states, particularly in relation to property rights, resonate within Hawaii's judicial framework.
In Hawaii, a foreign state may be subject to suit if it has waived immunity explicitly or if it falls under a recognized exception to the FSIA, such as expropriation or commercial activities occurring within Hawaii.
The Hawaii Supreme Court held that sovereign immunity could be waived if there is clear consent to jurisdiction for actions involving commercial activities.
The court ruled that foreign entities could be subject to local law if they engage in significant commercial activities within the state's territory.
This case reaffirmed that a foreign state does not enjoy immunity in criminal matters for actions that contravene local public policy.
Hawaii's approach aligns closely with the federal standard outlined in the FSIA, particularly in recognizing exceptions to sovereign immunity. Unlike some jurisdictions, Hawaii places emphasis on the commercial nature of the foreign entity’s conduct as a basis for jurisdiction.
The principles from Philipp and their application in Hawaii can appear on the Hawaii bar exam, particularly in questions related to international law and jurisdictional issues involving foreign states.