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From course:

Internationaal Recht (Week 3)

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Question:

Name the four tests in regards to the difference between commercial and sovereign acts.

Author: Bas Dubbelman



Answer:

The tests: 1. The private individual test: can the act be performed by a private individual? - Yes --> commercial, no immunity 2. Purpose test: governmental purposes --> sovereign, immune 3. Nature test: this test looks at the nature of the act, not the purpose - Sometimes states act through commercial acts, so not trustworthy 4. Contextual test: takes purpose and nature of activity into consideration, very common


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