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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 Washington State, as in the rest of the United States, the act of state doctrine is a principle of international law that is recognized and applied by U.S. courts, including those in Washington. This doctrine holds that U.S. courts will generally not question the validity of public acts (acts jure imperii) performed by a recognized foreign sovereign within its own territory. The rationale behind this doctrine is to respect the sovereignty and avoid the judicial interference with the executive branch's conduct of foreign affairs. However, the act of state doctrine is not absolute and may have exceptions, such as when a clear violation of international law is present. The doctrine is applied on a case-by-case basis and can be subject to various interpretations by the courts. It is important to note that while the doctrine is recognized at the federal level, its application in state courts must be consistent with federal foreign policy and supreme court precedents.

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Civil litigation

act of state doctrine

Individual & Family Legal Plan

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Washington State Code

Washington State Code

Civil litigation

act of state doctrine

Articles