What is the test for establishing a jury trial in a foreign government lawsuit?

Ruggiero v. Compania Peruana de Vapores "Inca Capac Yupanqui ," 639 F.2d 872 (2d Cir. 1981) (Friendly, J. ), the plaintiffs argued that 1330(a) of the FSIA unconstitutionally deprived them of a jury right preserved by the Seventh Amendment. See id. at 878. We disagreed. Finding "nothing to show that a right of jury trial existed under the common law in 1791 with respect to a suit against a foreign government or an instrumentality thereof," we noted that "such a suit could not be maintained at all." Id. at 879.¹¹