Section 21.45 Claims Arising in a Foreign Country

• Library: Tort Law 2016

G. (§21.45) Claims Arising in a Foreign Country

Under 28 U.S.C. § 2680(k), any claim arising in a foreign country may not be brought under the FTCA. In Smith v. United States, 507 U.S. 197 (1993), the U.S. Supreme Court held that the FTCA does not apply to tortious acts or omissions occurring in Antarctica. The ordinary meaning of "foreign country" includes Antarctica, even though it has no recognized government. In addition to its holding, the Court noted that its decisions interpreting the FTCA contain varying statements...