Quiz 3 :
In the present case it is given that a government hospital of a country SA hired a person SN from another country UA. The employment agreement between the parties was signed in the country UA. The person SN reported that the hospital in which he was working had significant defects in the safety. For revealing the safety defects the person SN was arrested and jailed and in the jail he was tortured for 39 days. After his release, person SN filed a suit in a court in country UA, against the government of country SA, for personal injuries that were caused to him in the country SA. There is a concept of sovereign immunity that deals with suits that are filed between two foreign countries and propagates that a court in one of the country lacks the requisite jurisdiction to hear suits against the government of another country. Most of the countries follow this general principle and in the country UA as well it has been provided that the courts of the country UA are prohibited from hearing suits against a foreign government. But there are three possible exceptions to the rule of immunity. There are three circumstances under which the courts in the country UA can hear suits against the governments of other countries. Under these exceptions comes the exception of commercial activity. Under the commercial activity a plaintiff in the country UA can sue a foreign government that is engaged in the commercial activity. A plaintiff cannot sue a government that is engaged in doing the activities that only a government can do, for example activities like printing money and making laws. In the present case the government of country SA has employed a person from another country UA in a government run hospital. The process of running a hospital by the government does not fall under commercial activities. Thus, the process of employing a person from country UA would come under noncommercial activity as the person is employed in doing an activity that is limited to only the government activities and not commercial in nature according to Foreign sovereign Immunities act. The Court's reasoning suggests that wrongful arrest, imprisonment, and torture are particularly sovereign in nature and thus are likely to be immune under the FSIA. Thus, person SN does not have the power to sue the government of country SA for the personal injuries that were caused to him while being detained in the jail.
International law does exist in the actuality and it covers a wide array of topics in its ambit. It comprises of rules and regulations that covers the states, businesses, individuals and organization. There are two branches of international law: public and private. Public international law relates with the law that concerns the affairs of governments and international organizations. It is concerned with the law that is related to the war, acquisition that is related with the territory and the settling of disputes related with various human rights. Public international law also has rules that govern the global resources that various nations share with each other. Various states also share common elements with each other such as sea, communications and outer space. Finally the public international also sets rules that govern the basic human rights of the individual. These laws also define the status of the refugees, international criminals and prisoners of wars. Similarly, there is private international law that defines the transaction that is commercial and legal in nature between the parties. It is related with two fundamental principles of the law that applies to an agreement between the parties and the settling of disputes between the parties from different countries. There are actors at the international stage that deal with regulating the environment on global basis. The United Nations is one such international organization that defines the rule of interaction between various countries and conflicts resolutions at the international stage. There is also international court of justice also known as world court that settles the disputes between different nations. The court deals with litigation that one country brings up against another country. The decision of the court is enforceable against only those countries which have agreed to abide by the decisions taken by the court.15 elected judges from 15 countries represent the court. There also exists International chamber of commerce (ICC) to facilitate international business and International court of Arbitration (ICA) that deals with international private commercial disputes. Thus, from the above it could be said that international law exists. The concept and the rules of a person remains intact and does not change as the person studying business law should be aware about the private and public international laws as well various international forums.
Foreign Sovereign Immunity Act is a U.S. statue that the Ameri--n courts cannot entertain suits against foreign government. But, there are some exceptions available in which a lawsuit is permitted against a foreign country. The waiver is commercial activity. It states that if a country is involved in commercial activities but not political, then U.S. can sue on that company. The act of making law and suspending civil rights are not commercial activities and are purely political in nature. Hence the options b, c and d are wrong. The right option is a. a) Operating a factory dangerously.