国家行为原则

国家行为原则（Act of State Doctrine）一般是指：一国法院不能审查一个外国主权者在其自己的管辖范围内所作行为的合法性，从而承认外国国家行为的效力。

Act of state and foreign sovereign compulsion

A: Act of state doctrine: Introduction and historical background

B: Contemporary formulations of the act of state doctrine

1、the sabbatino decision(判决书)（Pg. 5）

Notes on sabbatino (Pg. 12)

a.Elements of act of state doctrine.

b.Beyond the elements: authorities applying a balancing test to the act of state

doctrine.

c.Foreign governmental acts protected by sabbatino-what is an act of state?

d.Sabbatino’s rationale for act of state doctrine(存在不同的理论：包括了foreign

sovereign immunity, separation of powers concerns, political question doctrine,

abstention, international law, international comity, choice of law rule, miscellaneous

other explanations, proper rationale for the act of doctrine)

parison between act of state doctrine and rules governing recognition of foreign

judgments.

parison between act of state doctrine and treatment of foreign public laws.

g.Act of state doctrine is not jurisdictional.

h.Application of the act of state doctrine to claims based on international laws.

i.S abbatino as a rule of federal common laws.

j.F ederal common law basis for act of state doctrine.

k.Power of states to adopt a broader act of state doctrine.

l.C risticism of sabbatino.

m.Act of state doctrine and international law developments concerning state action.

n.Act of state doctrine and the alien tort statute.

o.Act of state doctrine and available relief.

2. Elements of the act of state doctrine

a.definition of act of state(Pg. 21)(the only contemporary supreme court precedent

considering what constitutes an act of state is

Repulic of Cuba.)-Pg.22

b.“sitting in judgment” on an act of state: Validity vs. Motivations. Pg. 27

c.The Situs requirement. Pg. 37

C: exception to the act of state doctrine.

1.The Bernstein exception. (Pg. 42)

2.The commercial exception. (Pg.46)

3.The treaty exception. (Pg. 51)

D: foreign sovereign compulsion doctrine.