Act of State Doctrine
The act of state doctrine ( English : Act of State doctrine ) is in the Anglo-American legal system accepted rule of international law . It states that legal acts of foreign states are beyond national judicial control. The doctrine is not a general rule of international law in the sense of Art. 25 GG . Rather, it concerns the interpretation of domestic law, namely the question of whether and to what extent the effectiveness of the acts of foreign states can be assumed.
Such a doctrine is not known to German law. There is no binding rule here according to which the effectiveness of foreign sovereign acts in the application of domestic law is beyond judicial review. In particular, acts that can be assigned to the state activity of the GDR are not withdrawn from review by the courts of the Federal Republic of Germany, as is evident in particular from Art. 18 and Art. 19 Unification Treaty.
literature
- Ipsen: Völkerrecht , 3rd ed. 1990, pp. 335, 619
- Verdross / Simma: Universelles Völkerrecht , 3rd edition 1984, p. 775
- Dahm / Delbrück / Wolfrum: Völkerrecht , 2nd edition 1989, p. 487
- Kimminich: Völkerrecht , 4th ed. 1990, p. 316