South Carolina
How Federal Republic of Germany v. Philipp applies in South Carolina: state-specific rules, key cases, and bar exam notes for International Law / Sovereign Immunity (FSIA).
In South Carolina, the principles of sovereign immunity are aligned with the broader federal frameworks established under the Foreign Sovereign Immunities Act (FSIA). South Carolina courts have maintained that foreign states are generally immune from lawsuits unless exceptions under the FSIA are met.
Sovereign immunity under South Carolina law, as influenced by FSIA, permits a suit against a foreign sovereign only when an exception applies, such as commercial activities or violation of international law.
The court held that Argentina, as a foreign sovereign, enjoyed immunity under the FSIA, affirming the need to follow federal guidelines in assessing the immunity of foreign states.
The court ruled that the immunity typically afforded to foreign states could be pierced due to engaging in commercial activities within the state, aligning with FSIA exceptions.
South Carolina adheres to the federal standards set by the FSIA for adjudicating cases involving foreign states, including interpretations of exceptions to immunity. However, South Carolina's courts also consider state-specific applications in assessing when these exceptions are applicable.
Topics related to sovereign immunity and exceptions under the FSIA are frequently tested on the South Carolina bar exam, particularly in the context of international law.