Republic of Argentina v. Weltover, Inc

In Republic of Argentina v. Weltover, Inc., 504 U.S. 607 [1992], the U.S. Supreme Court held that a sovereign's actions are "commercial" under FSIA "when a foreign government acts, not as regulator of a market, but in the manner of a private player within it..." Further, the Court held that, since 1603(d) instructs that the inquiry as to whether or not an activity is commercial depends upon the nature of the activity rather than the purpose, "the question is not whether the foreign government is acting with a profit motive or instead with the aim of fulfilling uniquely sovereign objectives. Rather, the issue whether the particular actions that the foreign state performs (whatever the motive behind them) are the type of actions by which a private party engages in 'trade and traffic or commerce...'"