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The topic of state responsibility was one of the first 14 areas provisionally selected for the ILC's attention in 1949. [7] When the ILC listed the topic for codification in 1953, "state responsibility" was distinguished from a separate topic on the "treatment of aliens", reflecting the growing view that state responsibility encompasses the breach of an international obligation.
Therefore, the doctrine of sovereign immunity applied in Hong Kong should be absolute, and may be invoked when jurisdiction is sought in the foreign court in relation to an application to enforce a foreign judgment or arbitral award, or when execution is sought against assets in the foreign state.
The act of state doctrine entered into American jurisprudence in the case Underhill v.Hernandez, 168 U.S. 250 (1897). [5] In an 1892 revolution, General José Manuel "Mocho" Hernández expelled the existing Venezuelan government and took control of Ciudad Bolívar, where plaintiff Underhill lived and ran a waterworks system for the city.
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
Act of state doctrine, act of a sovereign state; State occasion; Exercise of the royal prerogative was formerly called an "act of state" State action, doctrine that only state actions are subject to regulation under the US Constitution; State action immunity doctrine, exemption from liability for engaging in antitrust violations
In public law, abrogation is the proposing away of a right, power or value, by a public body in delegating power or failing to carry out a responsibility or duty. [1] [2] The abrogation of such a responsibility or duty, unless required by primary legislation [3] would amount to an unconstitutional delegation of power to a foreign government or other sovereign power.
The doctrine is considered by some to be an application of sovereign immunity to areas of law concerning statutes of limitations. [4] While the two doctrines are often linked as concepts, and are considered by some jurisdictions to be intertwined in policy and practice, there is a debate on whether the two doctrines are actually related.
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.