Saudi Arabia v. Nelson Essay

Pages: 2 (580 words)  ·  Bibliography Sources: 2  ·  File: .docx  ·  Level: College Senior  ·  Topic: American History

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It is often said that the Foreign Sovereign Immunities Act (FISA), grants immunity for governmental acts, but not for commercial acts, or that it grants immunity for public acts, put not private acts. The commercial activity exception for sovereign immunity is found at 28 U.S.C.S. § 1605(a)(2), which provides that a plaintiff may sue a foreign state if: (1) the claim is based upon a commercial activity carried on in the United States by the foreign state; (2) the claim is based on an act by the foreign state performed in the United States in connection with commercial activity outside of the United States; (3) the claim is based on an act performed outside the United States in connection with commercial activity outside the United States, but that has a direct effect in the United States (28 U.S.C.S. § 1605(a)(2). Under 28 U.S.C.S. § 1603(d), the court is to look at the nature of the act, rather than the purpose of the act, to determine whether or not the act qualifies as engaging in commercial activity. These distinctions are useful. Governments engage in commercial activities on a daily basis, but, if those activities are simply part of the business of government, it would seem silly not to treat those different activities as part of the government functioning as a government. On the other hand, if a government is functioning as a business entity, it seems unfair to give them an advantage over other businesses by allowing them to have immunity in situations when privately-held companies would not have immunity. The distinctions are useful because they help the court determine whether the activity in question was business-related or government-related. In this case, the Court looked at the… [END OF PREVIEW] . . . READ MORE

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https://www.essaytown.com/subjects/paper/saudi-arabia-nelson/7297489.