New Hampshire
How Federal Republic of Germany v. Philipp applies in New Hampshire: state-specific rules, key cases, and bar exam notes for International Law / Sovereign Immunity (FSIA).
New Hampshire generally follows the principles of sovereign immunity established under the Foreign Sovereign Immunities Act (FSIA). However, state courts also recognize the need to balance international comity with justice for aggrieved parties.
In New Hampshire, courts apply the FSIA framework, particularly focusing on exceptions where a foreign sovereign is subject to suit, such as when a foreign nation engages in commercial activities within the state.
The court dismissed the claims against the foreign sovereign based on sovereign immunity but acknowledged the exceptions under the FSIA.
Held that New Hampshire has jurisdiction over a foreign state where the claims arise from actions taking place in the state.
The court upheld the FSIA's commercial activity exception, allowing New Hampshire jurisdiction.
New Hampshire's approach aligns closely with the federal interpretation of FSIA, particularly regarding commercial activity. However, New Hampshire may take a more nuanced look at questions of state interests that could impact the applicability of sovereign immunity in specific cases.
Questions on FSIA and sovereign immunity have appeared on New Hampshire bar exams, especially related to exceptions to immunity and jurisdiction over foreign states.