Avoiding the "nature-purpose" distinction: redefining an international commercial act of state
Article Abstract:
The act of state doctrine and the statutory concept of foreign sovereign immunity are different concepts confused by some courts to the detriment of both doctrines. Some courts have inappropriately applied the nature-purpose distinction to determine the commercial exception to the act of state doctrine. That distinction should be limited to the Foreign Sovereign Immunities Act of 1976 from where it is drawn. The doctrines serve distinct purposes and proper administration of justice requires that they stand alone.
Publication Name: University of Pennsylvania Journal of International Economic Law
Subject: Law
ISSN: 1086-7872
Year: 1997
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Ethical guidelines for the reform of state-owned enterprises in China
Article Abstract:
Discussion of legal and economic issues surrounding the problems facing Chinese state-owned enterprises should be supplemented by discussion of the relevant ethical issues. State-owned enterprises carry with them specific issues such as the extent of political independence of the enterprises, equality with non-state-owned enterprises, and interaction with international enterprises. Preliminary ethical guidelines may aid in the debate of these important issues.
Publication Name: University of Pennsylvania Journal of International Economic Law
Subject: Law
ISSN: 1086-7872
Year: 1997
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