国际法第五讲--主权豁免.ppt

Sovereignty Related Immunities with Bearing mercial Transactions
From International Business Transactions in a Nutshell
Selection Five
United States sellers and buyers who engage in mercial transactions not infrequently are parties to contracts with a foreign state, or anagency or instrumentality of a foreign state.
Persons engaging mercial transactions who suffer losses because of actions of a foreign government often choose to bring suit in the United States.
But they usually are quickly confronted with two separate defenses presented by the foreign state intended to terminate that litigation.  First is the defense that the sovereign state cannot be held liable for its acts because of sovereign immunity;the sovereignty immunity has been codified by the enactment of the Foreign Sovereign Immunities Act of 1976; the second is that according to the act of state doctrine a United States court should not sit in judgment of an act of a foreign nation which occurred in the territory of that foreign nation. The act of state, remains a legal doctrine found in the pages of numerous court decisions from its English origins in the 1674 decision to its United States adoption and development in the 19th century.
Immunity of states mercial transaction国家主权豁免
II. The act of state doctrine mercial transaction
国家行为学说
I. Immunity of states mercial transaction
History and rationale
The 1976 Foreign Sovereign Immunities Act
Who is a sovereign?
Jurisdictional issues
Service of process
Exception to sovereign immunity: waiver
Exception to sovereign immunity: commercial activity
Exception to sovereign immunity: violations of international law
Other exceptions
Sovereign immunity and counterclaims
Exception of a judgment
In the 19th century the early theory of absolute immunity of a sovereign state began to give way to a restrictive theory. Acceptance as well as definition of a restrictive theory evolved slowly over the past century and a half.   absolute immunity 绝对豁免,国