Question

A Canadian court may not declare invalid the acts of the Chinese government taken within China's own jurisdiction because it is presumed that the foreign country, China, acted legally within its own territory. This is an example of which of the following doctrines?

A. The act of state doctrine
B. The doctrine of sovereign immunity
C. The vesting of rights doctrine
D. The governmental interest doctrine

Answer 1

The given scenario is an example of the act of state doctrine.

Option: (a)

Step-by-step explanation:

• The 'act of state doctrine' states that every 'sovereign state' is bound to respect the 'independence' of every other 'sovereign state'.

• Under this act, a country’s court shouldn’t decide cases that would interfere the country’s foreign policy.

• This is not an international law but a principle that helps the policymakers and court to make decision on the cases that could hamper the sovereignty of other nations.

• Thus, this principle is helpful to maintain a sound international relationship and give a clear vision for handling foreign affairs.