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国家行为原则作为美国联邦最高法院通过判例构建的一项涉外司法原则,在其一百多年的发展历程中被各级联邦法院通过判例的形式不断地完善细化,成为了指导美国法院在审理涉及外国政府征收财产争议时的基本原则。但当存在明确的国际条约对政府征收行为进行规定时,美国法院认为可以依据具体条文排除该原则的适用。
As a foreign-related judicial principle established by the Supreme Court of the United States through the jurisprudence, the principle of state action has been continuously refined and refined by the federal courts at all levels in its one hundred-year course of development and has become the guideline for the courts in the United States Involves the basic principles of foreign governments when collecting property disputes. However, when there is a clear international treaty that stipulates the government’s expropriation, the United States court considers that the application of this principle can be ruled out according to specific provisions.