Maria Berentelg compares the American act of state doctrine and judicial review of foreign acts of state in Germany and discusses whether elements of judicial self-restraint should be incorporated into the German approach to the recognition of foreign acts of state.

Civil courts are increasingly being confronted with the problem of how to deal with foreign acts of state which interfere with private legal positions. Maria Berentelg does a comparative study of the solutions in the USA and in Germany. The American act of state doctrine does not provide for an investigation of foreign acts of state due to judicial self-restraint in regard to foreign affairs. The author outlines the legal framework for a model of this kind in Germany. She focuses on the standards in fundamental rights and the extent to which foreign affairs and the idea of judicial self-restraint can determine how to deal with foreign acts of state in Germany as well. The author rejects adopting the American model, does however advocate taking foreign affairs into consideration within the framework of the ordre public.

Autorentext
Geboren 1982; Studium der Rechtswissenschaft in Passau, Cardiff und Freiburg; 2009 Promotion; seit 2009 Rechtsreferendarin in Hamburg.