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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 Mississippi, as in other U.S. states, the act of state doctrine is recognized and applied based on federal common law rather than state statute. This doctrine holds that U.S. courts will generally not question the validity of public acts performed by a recognized 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 review of such acts. While the act of state doctrine is a federal principle, Mississippi courts would apply it in cases where it is relevant, in accordance with the U.S. Supreme Court's guidance and relevant federal case law. It is important to note that there are exceptions to the act of state doctrine, such as when a specific statute or treaty directs otherwise, or when the foreign act in question violates international law or fundamental policies of the United States.

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Civil litigation

act of state doctrine

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Civil litigation

act of state doctrine

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