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 Vermont, 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 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 not codified in Vermont state law, it is a principle that federal courts, including those that have jurisdiction over cases in Vermont, would apply when relevant. The doctrine is subject to certain exceptions, such as when a U.S. statute or treaty explicitly indicates that certain foreign acts may be subject to judicial scrutiny.

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