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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 North Carolina, as in other U.S. states, the act of state doctrine is recognized as a principle of jurisprudence that restricts the ability of U.S. courts to question the validity of public acts performed by a recognized foreign sovereign within its own territory. This doctrine is rooted in the principles of sovereignty, comity, and the recognition that courts should not sit in judgment of the acts of a government of another nation carried out within its own borders. The act of state doctrine is not codified in statute but rather arises from federal common law, which means it is applied by both federal and state courts, including those in North Carolina. The U.S. Supreme Court has addressed the doctrine in various cases, and while state courts may reference it, the doctrine's application is primarily seen in federal court cases that involve questions of international law and foreign relations.

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Civil litigation

act of state doctrine

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Civil litigation

act of state doctrine