Scribd Logo
Upload

Welcome to Scribd!

  • The Act of State Doctrine

    Uploaded by

    crlstinaaa
    667 views1 page
    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.

    Original Description:

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    TXT, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    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.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as TXT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as txt, pdf, or txt
    667 views1 page

    The Act of State Doctrine

    Uploaded by

    crlstinaaa
    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.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as TXT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as txt, pdf, or txt
    of 1

    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

    You might also like