Act of state doctrine


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Act of state doctrine

This doctrine says that a nation is sovereign within its own borders, and its domestic actions may not be questioned in the courts of another nation.

Act of State Doctrine

A doctrine stating that each sovereign state has complete control over the laws within its own borders and that its acts cannot be questioned in the courts of another state. This is important to economics and trade because it means that investors in one country cannot sue to force a company or the government in another country to take an action favorable to them; they must go through the domestic courts for redress. While international agreements and conventions temper the act of state doctrine, it remains important.
References in periodicals archive ?
Environmental Tectonics Group described the Act of State Doctrine as
He has litigated extensively under the Foreign Sovereign Immunities Act (FSIA), Alien Tort Statute, and the Act of State Doctrine on behalf of both private and governmental entities.
Sovereign immunity and the act of state doctrine apply to sovereigns recognized at the time of suit.
However, although the territoriality principle remains the "grandfather" of many venerable doctrines, such as the principle of comity and the act of state doctrine, its legal influence has been progressively eroding.
See BORN & RUTLEDGE, supra note 21, at 763-64 (discussing the similarity of the foreign sovereign immunity rules, the act of state doctrine, and the political question doctrine).
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.
Under the act of state doctrine, the court could not accept this
claimants, told CubaNews the de la Vega case has "no chance" because of the act of state doctrine.
The Judge's opinion found in favor of YUKOS on the issues of: Jurisdiction, Forum Non Conveniens, Comity and Act Of State Doctrine.
The Court also rejected the defendants' arguments that the claims should be dismissed on grounds of forum non conveniens, statute of limitations, the act of state doctrine, the political question doctrine, or on the ground that the complaint fails to state a claim upon which relief may be granted.