antitrust law to conduct involving foreign commerce, the Foreign Trade Antitrust Improvements Act, foreign sovereign immunity, foreign sovereign compulsion, the act of state doctrine
, and petitioning of sovereigns, in light of developments in both the law and the Agencies practice; and
51) The Republic of Iraq concedes that the Hussein Regime's conduct was deplorable and is not questioning the validity of that conduct, but rather questions the validity of the non-state defendants' conduct; therefore, the act of state doctrine
is not applicable, and because the focus is on the conduct of non-state defendants, the Republic's claims should not be precluded.
Defendants are entitled to immunity under the FSIA and the claims are barred by the Act of State Doctrine
courts should invoke the act of state doctrine
to dismiss the suit because it is impermissible for American courts to "sit in judgment on the acts of the government of another, done within its own territory," (13) absent express authorization from a political branch.
Two principles derived from traditional general law--the act of state doctrine
and head of state immunity--illustrate these points.
have to overcome the formidable obstacle of the Act of State Doctrine
and the Foreign Sovereign Immunities Act, both of which severely limit
Sabbatino, the Court announced the modern form of the act of state doctrine
under which courts will not sit in judgment of the validity of the acts of foreign states taken within their territory.
The district court granted the defendants' motion for dismissal under the act of state doctrine
and political question doctrine, finding that the complaints involved decisions of the Organization of the Petroleum Exporting Countries (OPEC) and the defendants' involvement in such decision making.
No statement of interest was issued but a Texas lower court in 2009 ruled against a class action versus OPEC producers, saying the lawsuits were barred by the act of state doctrine
, which bans judgements that interfere with how sovereign nations control their natural resources.
Habib v Commonwealth of Australia, (2) therefore, is a decision of the Full Court of the Federal Court (Black CJ, Jagot and Perram JJ presiding) considering the content of the common law act of state doctrine
, and its application with respect to allegations of torture Jagot J, with whom Black CJ agreed, authored the majority judgment, while Perram J authored a concurring, but separate, judgment.
which courts were denied jurisdiction by the act of state doctrine
Under the act of state doctrine
, the court could not accept this