Act of State Doctrine-Notes

10/13/16

 

Act of State Doctrine

 

  1. 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?
  2. How does the international principle of comity apply to this case?
    1. Is comity an obligation?
    2. Can it be denied? When?
    3. Is reciprocity a necessary element of comity?
    4. What examples of comity have we discussed in class?
  3. What is the Act of State (ASD)?
    1. When does it apply?
    2. Are there any exceptions to it?
    3. Who can invoke the ASD?
    4. What is the relationship between the ASD and Foreign Soverein Immunity?