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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 Illinois, 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 Illinois courts, and other state and federal courts, from examining the legality of public acts performed by a recognized foreign sovereign 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. The act of state doctrine is not codified in Illinois statutes but is applied by courts based on precedents set by the U.S. Supreme Court and other federal courts. It is important to note that there are exceptions to the doctrine, such as when a U.S. statute or treaty explicitly contradicts the foreign state's act, or when the foreign act involves commercial activity in the U.S. In such cases, Illinois courts may have the authority to adjudicate matters despite the act of state doctrine.

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Civil litigation

act of state doctrine

Individual & Family Legal Plan

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Civil litigation

act of state doctrine

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