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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 Nebraska, as in other U.S. states, the act of state doctrine is recognized as a principle of federal common law rather than state statute. 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 applied by federal courts, state courts in Nebraska would also recognize and apply this doctrine when relevant, as it is a part of the broader principles of international law and comity that are integrated into U.S. jurisprudence. However, the application of the act of state doctrine is subject to certain exceptions, 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

Individual & Family Legal Plan

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Nebraska State Code

Nebraska State Code

Civil litigation

act of state doctrine

Articles