This article discusses some recent developments in the US jurisprudence concerning state immunity. Some lower courts’ decisions handed down earlier suggested a more decisive departure from the rigid interpretation of the Foreign Sovereign Immunity Act (FSIA). If the US Supreme Court had accepted this new jurisprudential trend, it would possibly allow for carving out a partial acceptance of a human rights exception. However, the Supreme Court decided otherwise. In the recently handed-down decision in Germany et al. v. Philipp et al., the Justices rejected any innovations, unequivocally maintained the strict interpretation of FSIA §1603(a)(3), and by their direct reference to the International Court of Justice strengthened the existing status quo in international law as well. This note analyzes this decision’s possible consequences at the domestic and international levels. In conclusion, it seeks to place Germany vs. Philipp in a broader context. It suggests that it possibly reflects more general tendencies in the contemporary US jurisprudence, which can impact both the US domestic legal order and international law.

The outbreak of the war in Ukraine in 2022 resulted in the revival of long-lasting disagreements in Polish-Russian relations. One aspect concerns numerous Russian properties in Warsaw, many abandoned or used for non-public purposes, and the disparity between both States’ properties in the other in this regard. Although the Polish Government has sought to resolve this matter amicably for many years, ultimately several legal proceedings were initiated in Polish courts aimed at recovering some of those premises. Only recently, however, Poland has resolved to employ more decisive steps, including the seizure of the former Soviet residential complex known as Spyville in order to enforce a final judgment. This article sketches the history of the dispute, provides an insight into court proceedings, and discusses the approach of Polish judicial institutions to diplomatic and State immunities.