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Supranational Diversity: Why Federal Courts Should Have Diversity Jurisdiction Over Cases Involving Supranational Organizations Like The European Union, John T. Dixon
Georgia Law Review
The federal diversity statute grants alienage jurisdiction
to "foreign citizens" and "foreign statutes," allowing them
to bring state-law claims against U.S. citizens in federal
'court. When the European Community (EC), an
intergovernmental organization of European states, sued
an American corporation for state-law violations, for the
first time a federal court had to determine whether the EC
qualified as a foreign state. The EC argued that it was
essentially a foreign state for the purposes of alienage
jurisdiction. Relying on the definition of foreign state in
the Foreign Sovereign Immunities Act of 1976 (FSIA),
which the diversity statute references, the court …