a. Act of State Doctrine

What is the act of state doctrine?

Courts of one country will not sit in judgment on the acts of the government of another in due deference to the independence of sovereignty of every sovereign State (PCGG v. Sandiganbayan, G.R. No. 124772, August 14, 2007).

The Act of State doctrine is one of the methods by which States prevent their national courts from deciding disputes which relate to the internal affairs of another State, the other two being immunity and non-justiciability. It is an avoidance technique that is directly related to a State’s obligation to respect the independence and equality of other States by not requiring them to submit to adjudication in a national court or to settlement of their disputes without their consent. It requires the forum court to exercise restraint in the adjudication of disputes relating to legislative or other governmental acts which a foreign State has performed within its territorial limits. (PCGG v. Sandiganbayan, G.R. No. 124772, August 14,2007).