ADM 477 Indiana Wesleyan University Doctrine of Sovereign Immunity Paper

ADM-477: Business Law

Getting Started

As a general rule, the Foreign Sovereign Immunities Act of 1976 (FSIA) prevents a United States court from exercising jurisdiction over a foreign country. The rationale for this rule of law is long-held belief that a sovereign should not be subject to the jurisdiction of a foreign court. The legal implications of sovereign immunity are quite serious. Imagine for a moment that you are the head of a U.S. government research agency developing pharmaceutical drugs. One day, a team of hackers supported by a foreign government breaches the agency’s servers and steals valuable trade secrets with the intention of manufacturing these drugs for profit. The U.S. government has no standing to sue the foreign state due to the doctrine of sovereign immunity. Critics of FSIA attempt to address this problem by proposing the International Cybercrime Prevention Act of 2015, which would single out acts of economic espionage as a basis for stripping a sovereign of its immunity status.

Upon successful completion of the course material, you will be able to:

Explain how international disputes are resolved legally.

Resources

Textbook: The Legal Environment of Business

Background Information

Although the doctrine of sovereign immunity states that a foreign state is immune from lawsuits filed in the United States, the doctrine is not strictly adhered to if a foreign state is acting in a commercial capacity. The Foreign Sovereign Immunities Act of 1976 (FSIA) nullifies sovereign immunity where a country is engaged in conduct of a commercial nature in the United States. The law also applies to commercial acts that have a direct and significant impact on the United States. Under FSIA, a foreign country engaged in commercial activity in the United States also may have its commercial property garnished to satisfy judgments against it.

Instructions

Review the rubric to make sure you understand the criteria for earning your grade.

In your textbook, The Legal Environment of Business, read Chapter 22, “The International Legal Environment of Business.”

Navigate to the threaded discussion and respond to the following prompts:Argue whether you favor or oppose the doctrine of sovereign immunity, and provide specific reasons supporting your opinion of sovereign immunity as it relates to international commercial activities.

Your initial post is due by the end of the fourth day of the workshop.

Read and respond to at least two of your classmates’ postings, as well as all instructor follow-up questions directed to you, by the end of the workshop.

Your postings also should:Be well developed by providing clear answers with evidence of critical thinking.Add greater depth to the discussion by introducing new ideas.Provide clarification to classmates’ questions and provide insight into the discussion.Be posted on three different days during the workshop. 2/18/22, 12:30 PM
Preview Rubric: Course Discussions – 4WI2021 Business Law (ADM-447-01B) – Indiana Wesleyan University
Course Discussions
Course: 4WI2021 Business Law (ADM-447-01B)
Criteria
Quality
Level 4
Level 3
Level 2
Level 1
15 points
12 points
8 points
4 points
(13–15 points
possible)
(9–12 points possible)
(5–8 points possible)
(0–4 points possible)
Your posts show some
development, and
some critical thinking
is evident.
Your posts show
nominal development
and only the
beginnings of critical
thinking.
Your posts show no
development and
mostly reiterate what
the textbook or others
have said.
Your questions and
observations add to
the discussion by
expanding the ideas of
others.
Your questions and
observations do not
clearly add to the
discussion.
Your questions and
observations detract
from the discussion.
5 points
4 points
2 points
0 points
(5 points possible)
(3–4 points possible)
(1–2 points possible)
(0 points possible)
Your initial post is
made by the fourth
day of the workshop.
Your initial post is
made by the fifth day
of the workshop.
Your initial post is
made by the sixth day
of the workshop.
Your initial post is
made by the seventh
day of the workshop.
Your posts are well
developed and provide
clear evidence of
critical thinking.
Your questions and
observations add
greater depth to the
discussion by
introducing new ideas.
Timeliness
https://brightspace.indwes.edu/d2l/lp/rubrics/preview.d2l?ou=158670&rubricId=488081&originTool=quicklinks
Criterion Score
/ 15
/5
1/3
2/18/22, 12:30 PM
Criteria
Interaction
Preview Rubric: Course Discussions – 4WI2021 Business Law (ADM-447-01B) – Indiana Wesleyan University
Level 4
Level 3
Level 2
Level 1
20 points
17 points
13 points
9 points
(18–20 points
possible)
(14–17 points
possible)
(10–13 points
possible)
(0–9 points possible)
You respond to at least
two classmates as well
as all instructor followup questions directed
to you.
You respond to two
classmates and some
of the instructor
follow-up questions
directed to you.
You respond to two
classmates but not to
instructor follow-up
questions directed to
you.
You are clearly
collaborative by taking
the initiative to
respond to classmates’
questions, providing
clarification and
insight on issues in the
discussion.
You are collaborative
in some situations and
show some initiative in
workshop discussions.
You show little
initiative in the
discussion, and your
presence is not
collaborative.
Total
https://brightspace.indwes.edu/d2l/lp/rubrics/preview.d2l?ou=158670&rubricId=488081&originTool=quicklinks
Criterion Score
/ 20
You do not respond to
the postings of others
in the discussion.
/ 40
2/3
2/18/22, 12:30 PM
Preview Rubric: Course Discussions – 4WI2021 Business Law (ADM-447-01B) – Indiana Wesleyan University
Overall Score
Total Points
0 points minimum
https://brightspace.indwes.edu/d2l/lp/rubrics/preview.d2l?ou=158670&rubricId=488081&originTool=quicklinks
3/3