ACT OF STATE Meaning and
Definition
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The term "act of state" refers to a legal doctrine or principle that grants immunity to certain actions or decisions undertaken by a sovereign state within its own territory. It is primarily used in international law to safeguard a state's internal affairs and actions from being questioned or subject to legal scrutiny in foreign courts.
An act of state is generally characterized by three key features. Firstly, it involves conduct or decisions taken by a sovereign state acting in its official capacity. This can encompass a wide range of activities, including legislative acts, executive orders, administrative decisions, and even military actions.
Secondly, an act of state is typically performed within the territory of the state concerned. This territorial limitation ensures that foreign courts do not overstep their jurisdictional bounds by interfering in the internal affairs of another state.
Lastly, acts of state are shielded from judicial review in foreign courts. This immunity prevents one state's judiciary from hearing cases and rendering judgments on the legality or validity of actions undertaken by another state within its own territory.
The act of state doctrine serves to uphold principles of national sovereignty and non-interference in the internal affairs of states. It recognizes the sovereign's right to govern its own territory without undue external interference, ensuring that legal disputes relating to a state's internal matters are addressed within its own legal system rather than being subjected to foreign scrutiny and potential infringement upon its autonomy.
