This article proposes a new conception of the act of state doctrine. The basic approach of this new conception is that the act of state doctrine should be analyzed in terms of international law principles governing a sovereign state's jurisdiction to prescribe rules of law. As used here, jurisdiction to prescribe refers to the appropriate authority of a state "to make its law applicable to the activities, relations, or status of persons, or the interests of persons in things." In analyzing questions of prescriptive jurisdiction, this article employs the useful and important approach set forth by the recently adopted Restatement of Foreign Relations Law of the United States (Revised).
David C. Chow,
Rethinking the Act of State Doctrine: An Analysis in Terms of Jurisdiction to Prescribe,
62 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol62/iss3/7