Sabbatino Resurrected: The Act of State Doctrine in the Revised Restatement of U.S. Foreign Relations Law
1985 ◽
Vol 79
(1)
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pp. 68-91
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Among the more controversial provisions of the Restatement of the Foreign Relations Law of the United States (Revised), are the sections dealing with the act of state doctrine in Tentative Draft No. 4. Section 428 provides: “Subject to §429, courts in the United States will refrain from examining the validity of an act of a foreign state taken in its sovereign capacity within the state’s own territory.” This provision, of course, is based on the Supreme Court decision in Sabbatino. The Court there stated, “the Judicial Branch will not examine the validity of a taking of property within its own territory by a foreign sovereign government” even if it is alleged that the taking is contrary to international law.
1992 ◽
Vol 86
(4)
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pp. 736-746
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1988 ◽
Vol 18
(4)
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pp. 367-375
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2012 ◽
Vol 43
(3)
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pp. 447
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2000 ◽
Vol 17
(2)
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pp. 165-185
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1998 ◽
Vol 92
(4)
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pp. 675-679
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2006 ◽
Vol 37
(1)
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pp. 1
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