What are the exceptions to sovereign immunity in international business transactions?

Sovereign immunity is a legal principle that protects states and their representatives from being sued under civil law. In international business transactions, this principle applies so that foreign states and their governments are protected from being held liable in other countries. However, there are exceptions to this principle in certain cases. First, a state may waive its sovereign immunity if it agrees to be subject to the jurisdiction of an international court. This can be done through treaties between countries or through waivers in contracts between states and private entities. Second, there is a “commercial exception” to sovereign immunity. This exception is a way for private entities to hold foreign states accountable for their commercial activities. For instance, foreign states may be subject to suit if they are accused of engaging in a commercial activity within a given country, such as selling a product or services to a private entity. Third, there is an “expropriation exception” to sovereign immunity. This exception applies when a foreign state unlawfully seizes property or assets belonging to a foreign company. In that case, the foreign state may be held liable for the expropriation. Finally, some states have passed domestic legislation that specifically limits the applications of the sovereign immunity principle. For example, in Utah, the Statute of Imposition of Liability on Public Entities allows the state government to be held liable in certain legal cases. In short, international business transactions are not entirely immune from civil liability, as there are certain exceptions to the principle of sovereign immunity that may apply in specific cases.

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