Judicial Notice in Foreign Affairs
Legal disputes about foreign affairs are generally settled by judicial notice by obtaining the information directly from the office of the Secretary of State (in the United States) or the Foreign Secretary (in the United Kingdom). For example, if a litigant in an extradition hearing attempted to argue that Israel was not a sovereign state, a statement from the Secretary of State that the U.S. recognized Israel as a sovereign state would settle the issue and no evidence could be led to the contrary.
Recently, Court of Appeals decisions regarding the legal rights of detainees of Guantanamo Bay took judicial notice of Cuba having no sovereignty over the U.S. naval base in that location despite claims by the United States government that it was Cuban territory and not subject to the application of United States law.
Federal courts and the courts of most jurisdictions have determined that matters of foreign law are subject to permissive judicial notice.
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Famous quotes containing the words judicial, notice, foreign and/or affairs:
“Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.”
—Alexis de Tocqueville (1805–1859)
“If we notice a few errors in the work of a proven master, we may and even will often be correct; if we believe, however, that he is completely and utterly mistaken, we are in danger of missing his entire concept.”
—Franz Grillparzer (1791–1872)
“Meanwhile I, deserted, was lamenting a little to myself your long delays in foreign loves, until sleep with its pleasing wings compelled me, fallen.”
—Propertius Sextus (c. 50–16 B.C.)
“Every new development for the last three centuries has brought men closer to a state of affairs in which absolutely nothing would be recognized in the whole world as possessing a claim to obedience except the authority of the State. The majority of people in Europe obey nothing else.”
—Simone Weil (1909–1943)