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Civil litigation

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 New Jersey, 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 adjudicate actions relating to the official acts of foreign governments within their own territories. This doctrine is rooted in the principles of sovereignty and the need for courts to respect the legal actions of other sovereign nations to maintain international comity. While the act of state doctrine is not codified in New Jersey statutes, it is a part of the common law and is applied by federal courts, which would also handle such matters arising in New Jersey. The doctrine is subject to certain exceptions, such as when a U.S. statute or treaty explicitly indicates that the act of state doctrine should not apply, 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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Civil litigation

act of state doctrine

Articles