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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.

In Arkansas, as in other U.S. states, the act of state doctrine is recognized as a principle of federal common law rather than state statute. This doctrine holds that U.S. courts will generally refrain from evaluating the legality of governmental actions taken by a foreign sovereign within its own territory. The rationale behind this doctrine is to respect the sovereignty of foreign nations and to avoid conflicts in foreign relations that could arise from such judicial scrutiny. While the act of state doctrine is not codified in Arkansas state statutes, it is applied by federal courts, and thus it would also be respected by Arkansas courts when dealing with cases that involve the official acts of a foreign country. It's important to note that there are exceptions to this doctrine, such as when a specific statute or treaty directs otherwise, or when the foreign act in question violates international law or fundamental policy principles.

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Civil litigation

act of state doctrine

Individual & Family Legal Plan

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Arkansas State Code

Arkansas State Code

Civil litigation

act of state doctrine

Articles