Sunday, March 7, 2010

Act of State Doctrine in Australia

Over at Prawfsblawg, Evan Criddle has a good post about a recent case from the Australian Federal Court that discusses the act of state doctrine.

From the post:

Without attempting to recount the various opinions of the Federal Court (Black CJ, Perram J, and Jagot J) in detail, I would note simply that the court unanimously rejected the government’s argument that the act of state doctrine barred Habib’s claims without definitively addressing the docrine’s theoretical underpinnings.  The panel’s three opinions are interesting, in part, because they draw extensively on the U.S. Supreme Court’s jurisprudence, including lengthy excerpts and discussion of Underhill, Sabbatino, and Kirkpatrick.  It is hard to imagine a U.S. court devoting comparable attention to Australian case law as a guide to the contours of the act of state doctrine.  (For a more detailed summary of the February 25, 2010 Habib ruling, take a look at the Commentary of Ben Batros and Philippa Webb posted on Thursday at EJIL: Talk!)


Federal Courts, International/Comparative Law | Permalink

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