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Act of state doctrine
The Act of State Doctrine states that every sovereign state is bound to respect the independence of every other sovereign state, and the courts will not sit in judgment of another government's acts done within its own territory.
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 and state courts.〔''3rd Restatement of Foreign Relations Law of the United States,'' §443, comment g (citing ''Sabbatino'': "the act of state doctrine . . . must be treated exclusively as an aspect of federal law," 376 U.S. at 425, and stating that "State courts are bound by the federal doctrine, and a decision of a State court sitting in judgment on the act of a foreign state would be subject to review by the Supreme Court.")〕 In the United States, the rationales for the doctrine include respect for other nations' sovereignty and protection of the US Executive's prerogative in foreign affairs, both of which may be frustrated by a decision issuing from U.S. courts.〔''3rd Restatement of Foreign Relations Law of the United States,'' §443, comment a.〕
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.
==Background==
The Act of State Doctrine, which arose out of state practice in the 17th Century, entered into American jurisprudence in the case ''Underhill v. Hernandez'', .〔Curtis A. Bradley and Jack L. Goldsmith. ''Foreign Relations Law, 4th ed.'' Wolters Kluwer, 2011. p96〕 In an 1892 revolution, General José Manuel "Mocho" Hernández expelled the existing Venezuelan government and took control of Ciudad Bolivar, where plaintiff Underhill lived and ran a waterworks system for the city. Underhill, an American citizen, repeatedly applied to Hernandez for an exit passport, but his requests were refused, and Underhill was forced to stay in Ciudad Bolivar and run the waterworks. Hernandez finally relented and allowed Underhill to return to the United States, where he instituted an action to recover damages for his detention in Venezuela. In finding for the Defendant, a New York Court determined that Hernandez had acted in his official capacity as a military commander so his actions were those of the Venezuelan government. The Court therefore refused to hear Underhill's claim against the government based on the Act of State Doctrine. The Court reasoned, "Every sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another, done within its own territory."〔''Underhill v. Hernandez'', 168 U.S. 250, 252 (1897).〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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