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Civil litigation

act of state doctrine

The act of state doctrine is a court-made (common law) doctrine that prohibits U.S. courts from judging the validity of the official acts of a foreign country that take place within that foreign country's borders.

In Louisiana, as in other U.S. states, the act of state doctrine is recognized and applied by courts. This doctrine is a principle of international law and federal common law that prevents U.S. courts, including those in Louisiana, from questioning the validity of public acts performed by a foreign government within its own territory. The rationale behind the doctrine is to respect the sovereignty of foreign states and to avoid conflicts in foreign relations that could arise from the judicial review of such acts. While the act of state doctrine is not codified in Louisiana state statutes, it is applied by federal and state courts in Louisiana based on U.S. Supreme Court precedents and federal common law. The doctrine is subject to certain exceptions, such as when a U.S. statute or treaty explicitly contradicts the foreign state's act, or when the foreign act violates international law or fundamental human rights.

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Civil litigation

act of state doctrine

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Louisiana State Code

Civil litigation

act of state doctrine

Louisiana State Code

Legal articles related to this topic