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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 Minnesota, as in other U.S. states, the act of state doctrine is recognized and applied based on federal common law 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 with executive branch policies in the realm of foreign affairs. While the act of state doctrine is a federal principle, Minnesota courts would apply it in cases where a question arises about the validity of a foreign government's official acts within its own borders. However, the doctrine is not absolute and may be subject to certain exceptions, such as when a U.S. statute or treaty indicates that the foreign act should not be given effect, or when the foreign act violates international law or fundamental policies of the United States.

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Civil litigation

act of state doctrine

Individual & Family Legal Plan

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Minnesota State Code

Civil litigation

act of state doctrine

Articles