Keywords
Jurisdiction
Sovereignity
Imununities
Ecopetrol S.A.
Sovereignty
Immunity from Jurisdiction
Immunity from Execution
Foreign Sovereign Immunities Act
How to Cite
Abstract
Ecopetrol S.A. (Ecopetrol) was created under the laws of Colombian as an industrial and commercial company of the State in the area of petroleum and charged with administering the hydrocarbons resources of the Nation. Originally, Ecopetrol was an organ of the State and had the ability to assert legal immunity (from jurisdiction and execution) by reason of sovereignty under the laws of the United States (for example, the Foreign Sovereign Immunities Act). But recently (since 2003 until the present moment) the Colombian Government restructured Ecopetrol in a significant manner. Now, Ecopetrol is a company of mixed economy with commercial character that can (with limitations) offer shares that can be sold in the public market and can be acquired by persons or companies. This Article considers the impact of the transformation of Ecopetrol in relation to the sovereign immunity (from jurisdiction and execution) of Ecopetrol (and affiliates) under the laws of the United States. In other words this article analyses if the new Ecopetrol should be considered as a State or an agency or instrumentality of a State that has the right to claim sovereign immunity as a defense in courts in the United States.
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