Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Act of State: the State of the Act Judicial Interpretation and Human Rights Enforcement

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter deals with two different legal issues that were not for the pun; one would have difficulty in thinking of relation with each other. On the one hand, a well-known doctrine of international law: the definition of an act of the State for the purpose of attributing conduct to the State, thereby triggering international responsibility; and, on the other, the scope of the Act of State doctrine, a municipal law doctrine, with quite a few international law underpinnings, mainly developed in common-law countries, which preclude domestic courts from passing judgment on the conduct of a foreign State carried out in its own territory. The chapter explores international case law, particularly the conflicting or perhaps evolving, jurisprudence of international tribunals with regard to the attribution to a State of conduct involving human rights atrocities and humanitarian law violations perpetrated by military and paramilitary groups in armed conflict.

Keywords: act of state doctrine; armed conflict; human rights enforcement; humanitarian law violations; international law interpretation; law of stateresponsibility



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Promoting Justice, Human Rights and Conflict Resolution through International Law / La promotion de la justice, des droits de l’homme et du règlement des conflits par le droit international — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation