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The Act of State Doctrine

The Act of State Doctrine instructs courts to apply the law of a foreign state to acts made by that foreign government within its own territory. To invoke the doctrine, it must be shown that a foreign state acted and that the events took place in the foreign state's territory, with a presumption that the act was legal there. The doctrine emerged from both international reasons like comity between states, and domestic reasons involving the separation of powers between the U.S. judiciary and other branches.

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779 views1 page

The Act of State Doctrine

The Act of State Doctrine instructs courts to apply the law of a foreign state to acts made by that foreign government within its own territory. To invoke the doctrine, it must be shown that a foreign state acted and that the events took place in the foreign state's territory, with a presumption that the act was legal there. The doctrine emerged from both international reasons like comity between states, and domestic reasons involving the separation of powers between the U.S. judiciary and other branches.

Uploaded by

crlstinaaa
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as TXT, PDF, TXT or read online on Scribd
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The Act of State Doctrine

Notes: The Act of State Doctrine


○ Serves as a principle of choice of law, instructing a court to apply the
law of a foreign state respecting an act made by the foreign govt in its own
territory.
§ Doesn’t have notion of comity; does not provide jurisdictional
immunity
○ To invoke the act of state doctrine you have to show 2 things?
§ A foreign state was acting
§ That the events took place in the foreign state
§ Also a presumption that it was legal in the foreign state
○ How did this emerge?
§ Int'l reason - like comity; if state is acting within their own laws,
we should respect that
§ Domestic - U.S. can still advocate on behalf of its own citizens, but
b/c there's a separation of power, judiciary branch shouldn’t deal with this, but
the other 2 branches should

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