act of state doctrine

act-of-state doctrine. Int’l law. The principle that no nation can judge the legality of a foreign country’s sovereign acts within its own territory. • As originally formulated by the U.S. Supreme Court in 1897, the doctrine provides that “the courts of one country will not sit in judgment on the acts of the government of another done within its own territory.” Underhill v. Hernandez, 168 U.S. 250, 252, 18 S.Ct. 83, 84 (1897). The Supreme Court later declared that though the act-of-state doctrine is compelled by neither international law nor the Constitution, it has “institutional underpinnings.” Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 423, 84 S.Ct. 923, 937 (1964). [Cases: International Law 10.

9. C.J.S. International Law § 34.]


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