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Tata Mundra: Nobel laureate, others ask US apex court to drop immunity to World Bank

-Counterview.net

Economic, legal, diplomatic and civil society experts – including Joseph Stiglitz, a Nobel Prize-winning economist, and former Vice President and Chief Economist of the World Bank – have urged the United States Supreme Court to go back to the case Budha Ismail Jam, et al v. IFC , (Tata Mundra case) concerning immunity from the suit for the World Bank Group and foreign nations.

They said, the immunity decision in the US Supreme Court has broad and dangerous consequences in an amicus brief supporting the Earth Rights International. EarthRights represented fishing and farming communities, organised under the Machimar Adhikar Sangharsh Sangathan (MASS) in Kutch, Gujarat, in the case against the World Bank’s private lending arm, the International Finance Corporation (IFC), over its role in funding a coal-fired power plant that allegedly destroyed local people’s livelihoods.

They urged the court: “The collective experience of amici in many countries teaches that the IFC must be held accountable for the social and environmental impacts of the projects its loans make possible. Internal IFC accountability procedures are ineffective. Judicial review is essential.”

In 2019, the US Supreme Court ruled that the IFC is not entitled to “absolute” immunity in the case but instead is subject to the same immunity as foreign governments. Applying those rules, the DC Circuit Court of Appeals last year ruled that IFC was still immune.

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