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An Exercise In Judicial Restraint: Limiting The Extraterritorial Appplication Of The Sherman Act Under The Act Of State Doctrine And Sovereign Immunity, Joseph J. Wielebinski
An Exercise In Judicial Restraint: Limiting The Extraterritorial Appplication Of The Sherman Act Under The Act Of State Doctrine And Sovereign Immunity, Joseph J. Wielebinski
Syracuse Journal of International Law and Commerce
When a legal dispute involving a foreign nation is submitted to a United States court, the adjudication of rights and liabilities may prove problematic. Two formidable barriers, the act of state doctrine and sovereign immunity, limit the court's ability to resolve disputes which question the legality of sovereign acts. The circumstances under which a United States court should exercise its jurisdiction to consider the merits of a claim involving the application of domestic law to the acts of a foreign sovereign remains a controversial issue.