Act of State Doctrine - United States

United States

The doctrine is not required by international law (neither customary international law nor treaty law), but it is a principle recognized and adhered to by United States federal courts. Its aim is not to protect other nations' sovereignty by intervention from the U.S. but rather to protect the US Executive's prerogatives in foreign affairs from being frustrated by a decision issuing from U.S. courts.

The Act of State Doctrine enters consideration most often in cases where a foreign sovereign has expropriated the property of a U.S. national located in that foreign territory (e.g. through nationalization). Rather than pursuing recourse through the courts, United States nationals are to take their claims against foreign sovereign governments to the Executive so that the government can either espouse the claims of all U.S. nationals as a group or seek recourse through diplomatic channels. The United States employs the Act of State Doctrine more broadly and with more frequency than other countries.

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