The act-of-state doctrine, a principle in international law, prohibits any country from passing judgement on the legality of another country’s actions within its own borders. This implies that courts in one country lack the authority to make determinations regarding the actions of another country’s government within its own territory. The U.S. Supreme Court initially established the act-of-state doctrine in 1897, grounded on the notion that each country possesses the inherent right to self-governance without external interference.
The act-of-state doctrine is a principle in international law that prohibits one country from judging the legality of another country’s sovereign acts within its own territory. This means that a court in one country cannot make a ruling on the actions of another country’s government within its own borders. For example, if Country A passes a law that affects its citizens, a court in Country B cannot rule on the legality of that law. The act-of-state doctrine prevents courts from interfering in the affairs of other countries and was first established by the U.S. Supreme Court in 1897 in the case of Underhill v. Hernandez. While not required by international law or the U.S. Constitution, the act-of-state doctrine has “institutional underpinnings” and is an important principle for maintaining good relations between countries.
The Act-of-State Doctrine is a legal principle that states that the courts of one country will not question the validity or legality of an act committed by another country within its own territory.
The Act-of-State Doctrine is designed to promote international comity and respect for the sovereignty of other nations by preventing one country’s courts from interfering in the internal affairs of another country.
No, the Act-of-State Doctrine generally applies to acts that are done within the foreign government’s own territory and are considered sovereign acts. It does not apply to commercial or private acts.
The Act-of-State Doctrine can be invoked in cases involving human rights violations if the alleged violations were committed by a foreign government within its own territory. However, there may be exceptions if the violations are considered to be jus cogens (peremptory norms of international law).
Yes, the Act-of-State Doctrine can be overridden by other legal principles, such as international human rights law or customary international law, if they are deemed to have greater weight or importance.
No, the Act-of-State Doctrine generally applies only to acts committed by foreign governments. Actions taken by non-governmental entities, such as corporations or individuals, are not typically protected by the Act-of-State Doctrine.
In certain circumstances, a foreign government can be sued in a domestic court despite the Act-of-State Doctrine. For example, if the foreign government has waived its immunity or if the case involves a commercial transaction rather than a sovereign act.
The Act-of-State Doctrine generally applies only to acts committed by a foreign government within its own territory. Acts committed outside the foreign government’s territory may be subject to different legal principles, such as the doctrine of sovereign immunity.
Yes, the Act-of-State Doctrine can be invoked in cases involving property rights if the property in question is located within the foreign government’s territory and the act affecting the property is considered a sovereign act.
Yes, there are exceptions to the Act-of-State Doctrine. For example, if the act in question violates a country’s own laws or if it violates international law, the Act-of-State Doctrine may not apply. Additionally, some countries have enacted legislation that limits the application of the Act-of-State Doctrine in certain circumstances.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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