Practice question
A party argues that merely alleging the foreign act violates international law necessarily prevents any act-of-state doctrine analysis. Which qualification follows PCGG’s Sabbatino discussion?
- Every allegation conclusively abolishes judicial restraint
- Any pleading automatically binds the foreign government
- Only the claimant’s preferred label matters
- The cited discussion does not treat that allegation as automatically forbidding application of the doctrine
- International law requires all national courts to decide every such allegation
Legal references
- PCGG v. Sandiganbayan, G.R. No. 124772, August 14, 2007, main decision: https://lawphil.net/judjuris/juri2007/aug2007/gr_124772_2007.html; main act-of-state discussion.
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