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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.

The act of state doctrine is a principle in U.S. law that prevents American courts from questioning the validity of public acts performed by a foreign government within its own territory. This doctrine is based on the principles of sovereignty and respect for other nations, which dictate that a state should not call into question the internal actions of another sovereign state in its own courts. While the act of state doctrine is a federal common law doctrine, it would be applicable in West Virginia courts when dealing with cases that involve foreign sovereign acts. The doctrine is not absolute and does have exceptions; for instance, it may not apply if the foreign act violates international law or U.S. public policy. However, the specific application of the doctrine can vary depending on the facts of the case and the stance of the federal courts at the time the issue is considered.

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Civil litigation

act of state doctrine

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

Civil litigation

act of state doctrine

Articles