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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 Ohio, 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 Ohio courts, like all U.S. courts, generally will not question the validity of public acts performed by a recognized foreign sovereign within its own territory. The rationale behind this doctrine is to avoid conflict with the executive branch of the government, which is responsible for foreign affairs, and to respect the sovereignty and independence of other nations. However, the application of the act of state doctrine is subject to certain exceptions, such as when a U.S. statute or treaty explicitly contradicts the foreign act, or when the foreign act is in violation of international law. The U.S. Supreme Court has the ultimate authority in determining the application of the act of state doctrine, and its decisions are binding on Ohio courts.

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Civil litigation

act of state doctrine

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Civil litigation

act of state doctrine

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