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 Georgia, as in other U.S. states, the act of state doctrine is recognized and applied based on federal common law principles rather than state statutes. 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 the judicial assessment of such actions. While the act of state doctrine is not codified in specific Georgia statutes, Georgia courts would adhere to the federal common law and U.S. Supreme Court precedents when considering cases that invoke this doctrine. It is important to note that there are exceptions to the act of state doctrine, such as when a U.S. statute or treaty explicitly allows for judicial review of foreign sovereign acts.

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