Environmental Tectonics Group described the Act of State Doctrine
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.
which courts were denied jurisdiction by the act of state doctrine
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.