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Published online by Cambridge University Press: 01 January 2021
State immunity — Jurisdictional immunity — Commercial activity exception — Distinction between sovereign and commercial acts — Distinction turning on nature, rather than purpose of act — Official newspaper of foreign State — Publication of allegedly defamatory article in newspaper for purposes of avoiding financial obligations under contract — Whether a sovereign or commercial act — Requirement of direct effect in United States — Whether economic loss resulting from failure to honour financial obligation under contract constituting a direct effect — United States Foreign Sovereign Immunities Act 1976 — Judgment in default — Grounds for setting aside judgment in default
State immunity — Jurisdictional immunity — State corporation — United States Foreign Sovereign Immunities Act 1976 — Establishment of personal jurisdiction under Act — Constitutional due process requirement of “minimum contacts” between defendant and United States — Whether contacts of State and its agencies fulfilling “minimum contacts” requirement on behalf of State corporation — Decision turning on whether State corporation alter ego of State — Whether presumption of separate legal personality — The law of the United States