Act of State Doctrine

The act of state doctrine is a legal principle that provides courts with a basis for refraining from reviewing or interfering with the validity or legality of actions taken by foreign governments within their own territories. It recognises the principle of sovereign immunity and the notion that courts should not pass judgment on the acts of foreign states.

The act of state doctrine is rooted in principles of international law and the concept of separation of powers. It holds that courts should not question or invalidate acts done by foreign governments in their official capacity within their own jurisdictions. This doctrine promotes respect for the sovereignty and autonomy of foreign states and avoids potential interference in their internal affairs.

Under the act of state doctrine, when a court is presented with a case involving the legality or validity of an act of a foreign government, it will generally defer to the doctrine and decline to examine the merits of the foreign state's actions. The doctrine operates as a shield, protecting the acts of foreign governments from judicial scrutiny and preventing courts from making determinations that could infringe upon the sovereignty of another nation.

However, it is important to note that the act of state doctrine is not absolute and may have exceptions. For instance, if an act violates international law, engages in human rights abuses, or conflicts with the laws or policies of the forum state, a court may be compelled to examine the act despite the doctrine.

The act of state doctrine serves to maintain respect for the sovereignty and independence of foreign states, promote international comity, and avoid judicial interference in matters that are considered the exclusive domain of other countries. It recognises that political and diplomatic avenues are often more appropriate for addressing disputes involving the actions of foreign governments.