Study On Exception To "Commercial Activity" Of Jurisdictional Immunity In Fofeign Sovereign Immunities Act Of The United States Of America

The American Foreign Sovereign Immunity Act is the symbol of U.S.national sovereign limited immunity,and it is also the only legal basis for U.S.courts to obtain foreign jurisdiction.Among them,the "commercial activity" jurisdictional immunity exception clause is the most cited legal clause by plaintiffs in the Foreign Sovereign Immunity Law to exclude the sovereign jurisdictional immunity of other countries.Therefore,in-depth research on it has important academic and practical value when the position of national sovereign immunity is changing from absolute immunity to limited immunity.The article mainly adopts the methods of empirical analysis and textual research,and through the analysis of past literature and US court precedents,to understand the basic connotation and applicable rules of the "commercial activity" jurisdictional immunity exception under the US Foreign Sovereign Immunity Act.The constitution of the "commercial activity" jurisdictional immunity exception in the United States can be divided into three dimensions.First,the basic concept of "commercial activity";secondly,the "based upon" elements;thirdly,the "commercial activity" jurisdictional immunity exception Specific circumstances and applications that occur in and outside the United States.After argumentation,the article argues that: First,conforming to the connotation of "commercial activities" in the "Foreign Sovereign Immunity Law" is the precondition for satisfying the exception of "commercial activities" jurisdictional immunity.The determination of "commercial activities" should follow the participation standard of "private subjects",that is,an act can be participated by private subjects,and is not an act of a sovereign exclusive nature.Acts,the constituent elements of the core litigation basis of the case;thirdly,the "substantial" connection is the key to judging whether the jurisdictional immunity is established.If the business activities take place in the United States,and the relevant business activities are also carried out in the United States,then it must have a "substantial connection" with the United States.If the activity in question is of an extraterritorial nature,the "substantial link" cannot be merely a "transient or isolated" link with the United States,but needs to meet the criteria of a "Nexus" approach.Finally,when the commercial activities and their derived commercial activities are not located in the United States,the premise of the establishment of jurisdictional immunity must be to meet the jurisdictional relevance factors such as having a "direct effect" with the United States.