Act of State Doctrine-Notes
Act of State Doctrine
- Can the Cuban government be denied access to American courts because Cuba is an unfriendly power, and does not permit nationals of this country to obtain relief in its courts?
- How does the international principle of comity apply to this case?
- Is comity an obligation?
- Can it be denied? When?
- Is reciprocity a necessary element of comity?
- What examples of comity have we discussed in class?
- What is the Act of State (ASD)?
- When does it apply?
- Are there any exceptions to it?
- Who can invoke the ASD?
- What is the relationship between the ASD and Foreign Soverein Immunity?