changes in the doctrine of sovereign immunity in the United States

Q1) Given the fact that changes in the doctrine of sovereign immunity in the United States would affect United States officials in other countries, are there some changes that you could think of that would place greater responsibilities on foreign officials working in the United States to follow American laws and regulations or would such changes make it more dangerous for American officials abroad?

Q2) Looking at pages 220-222, which potential international contract clause or clauses discussed do you think are most important? Why?

Q3) Without following an agent 24-7, how best can a principal assure that the agent is not exceeding the powers conferred upon the agent by the principal?

Q4) Discuss something from the Silver Nugget.
Chapter 8 & 23 Miller, R. L. (2014). Business Law Today. Texas: South Western Cengage Learning.
Pg214-215
The Doctrine of Sovereign Immunity When certain conditions are satisfied, the doctrine of sovereign immunity immunizes foreign nations from the jurisdiction of U.S. courts. In 1976, Congress codified this rule in the Foreign Sovereign Immunities Act (FSIA).2 The FSIA exclusively governs the circumstances in which an action may be brought in the United States against a foreign nation, including attempts to attach a foreignnation’s property. Because the law is jurisdictional in nature, a plaintiff has the burden of showing that a defendant is not entitled to sovereign immunity.
Section 1605 of the FSIA sets forth the major exceptions to the jurisdictional immunity of a foreign state. A foreign state is not immune from the jurisdiction of U.S. courts in the following situations:
1. When the foreign state has waived its immunity either explicitly or by implication.
2. When the foreign state has engaged in commercial activity within the United States or in commercial activity outside the United States that has “a direct effect in the United States.”3
3. When the foreign state has committed a tort in the United States or has violated certain international laws.
In applying the FSIA, questions frequently arise as to whether an entity is a “foreign state” and what constitutes a “commercial activity.” Under Section 1603 of the FSIA, a foreign state includes both a political subdivision of a foreign state and an instrumentality of a foreign state. Section 1603 broadly defines a commercial activity as a commercial activity that is carried out by a foreign state within the United States, but it does not describe the particulars of what constitutes a commercial activity. Thus, the courts are left to decide whether a particular activity is governmental or commercial in nature.

PG229
Doctrine of sovereign immunity—when certain conditions are satisfied, foreign nations are immune from U.S. jurisdiction under the Foreign Sovereign Immunities Act of 1976. Exceptions are made when a foreign state (a) has waived its immunity either explicitly or by implication, (b) has engaged in commercial activity within the United States, or (c) has committed a tort within the United States.

 

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