국가행위이론의 다의성과 미국의 국가행위이론
Review on the Act of the State Doctrine in the United States
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The act of state doctrine is derived from two statements by the Supreme Court of the United States. In Underhill v. Hernandez, 168 U.S. 250, 252(1897), the Supreme Court said, “Every sovereign State is bound to respect the independence of every other sovereign State, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory. Redress of grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers as between themselves.” In Banco Nacional de Cuba v. Sabbatino,376 U.S. 398, 428, the Supreme Court held that “the Judicial Branch will not examine the validity of a taking of property within its own territory by a foreign sovereign government.” This is to deal with the question as follows:“Are those two cases the same or should they be distinguished each other?”
Abstract
The act of state doctrine is derived from two statements by the Supreme Court of the United States. In Underhill v. Hernandez, 168 U.S. 250, 252(1897), the Supreme Court said, “Every sovereign State is bound to respect the independence of every other sovereign State, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory. Redress of grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers as between themselves.” In Banco Nacional de Cuba v. Sabbatino,376 U.S. 398, 428, the Supreme Court held that “the Judicial Branch will not examine the validity of a taking of property within its own territory by a foreign sovereign government.” This is to deal with the question as follows:“Are those two cases the same or should they be distinguished each other?”
참고문헌 (7)
- "Acts of State", Encyclopedia of Public International Law, 1, pp.17~20 (1992)
- Akehurst, "Michael A Modern Introduction to International Law, 6th ed", pp.119~120 (1987), Routledge
- Damrosch, Lori F., "International Law: Cases and Materials, 5th ed", pp.670~678 (2009), West
- Jennings, "Robert and Arthur Watts, Oppenheim's International Law, 9th ed", pp.365~371 (1992), Longman
- Lowenfeld, Andreas F., "Act of State and Department of State: First National City Bank v. Banco Nacional de Cuba", American Journal of International Law, 66, pp.795~814 (1972)
- Shaw, Malcolm N., "International Law, 6th ed", pp.179~192 (2008), Cambridge University Press
- Singer, Michael, "The Act of State Doctrine of the United Kingdom: An Analysis, with Comparisons to United States Practice", American Journal of International Law, 75, pp.283~323 (1981)