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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 Utah, as in other states, the act of state doctrine is recognized as a principle of federal common law rather than state statute. This doctrine suggests that Utah courts, like all U.S. courts, are generally prohibited from questioning 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 and avoid conflict with other nations. However, the application of the act of state doctrine is subject to certain exceptions and may not apply if the foreign act violates international law or U.S. policy. The U.S. Supreme Court has the ultimate authority in interpreting the scope and application of the act of state doctrine, and its decisions are binding on Utah courts.

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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