Justiciability doctrines in the foreign affairs arena have been described as involving large elements of prophecy. First, this article will examine the justifications and application of the political question doctrine in cases involving foreign affairs. Second, this article will discuss the justifications and application of the act of state and political question doctrines. Third, this article will analyze whether the act of state doctrine can be encompassed within the political question doctrine. Fourth, this article will propose a framework that can be applied in cases involving political questions in foreign affairs.
Simplifying the Prophecy of Justiciability in Cases Concerning Foreign Affairs: A Political Act of State Question,
Rich. J. Global L. & Bus.
Available at: http://scholarship.richmond.edu/global/vol9/iss4/5