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A Threshold Test For Validity: The Supreme Court Narrows The Act Of State Doctrine, Steven R. Swanson

Vanderbilt Journal of Transnational Law

This Article analyzes the Supreme Court's recent decisions involving the act of state doctrine. This doctrine, which is based upon notions of international comity, prevents the courts of one state from adjudicating the acts of a foreign state that occur within the foreign state's territory. This respect for foreign tribunals reduces friction between states and promotes more cooperative interaction in the international arena.

The Article first defines comity and explains its importance in international litigation. Professor Swanson then outlines the diminishing role of comity as a basis for the act of state doctrine. In early opinions, United States courts refused …