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Many foreign governments have claimed that arguably commercial activities carried out by foreign governmental agencies are functions of the state and should therefore be protected

Many foreign governments have claimed that arguably commercial activities carried out by foreign governmental agencies are functions of the state and should therefore be protected from suit in U.S. courts. Discuss how a useful test for distinguishing between governmental and commercial activities might be developed. What sorts of information would someone need to decide whether a particular activity was commercial or governmental in nature? Should the designation focus on the type of ownership (private v. government) of the enterprise or the nature of the activity itself?

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