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9 The Foreign Act of State

From: Foreign Affairs in English Courts

F. A. Mann

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 03 July 2022

Act of state — Act of state doctrine

Public policy dominates one of the most difficult and most perplexing topics which, in the field of foreign affairs, may face the municipal judge in England: the doctrine of the foreign act of State displays in every respect such uncertainty and confusion and rests on so slippery a basis that its application becomes a matter of speculation. It is, therefore, necessary to discuss the history and development of the doctrine in England and the United States; its present meaning and effect in England; its scope; its legal character and justification. It is shown that the implications of the doctrine in England and the United States of America are so interwoven that much attention will have to be given to the law in the latter country.

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