U.S. Foreign Relations Law Posts
We have a new draft paper, forthcoming in the Harvard Law Review, on how extensively the president has come to control international law for the United States, and what, if anything, should be done about it. As we explain at the end of this post, one of the central questions implicated by the paper is: Does Congress care?
Some sixteen years ago, on the occasion of one of many symposia on the possibility of a new Restatement of Conflict of Laws to replace the much derided Second Restatement, Mathias Reimann suggested that a new Restatement should focus on the requirements of what he called “the international age.” Conflict of laws is increasingly international, he pointed out.
Treating internal U.S. conflicts and international conflicts law the same, without distinguishing between them, has always puzzled non-U.S. lawyers and scholars. And nowhere is the question of whether domestic and international conflicts should be treated the same more pressing than in the current work of The American Law Institute.
The essay describes the Fourth Restatement’s division of jurisdiction into the three categories of jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce. It covers the principal developments in each category since publication of the Third Restatement in 1987, including the revival of the presumption against extraterritoriality.
At ALI’s Annual Meeting on Monday, May 22, members voted to approve the drafts for the Jurisdiction, Sovereign Immunity, and Treaties portions of the Foreign Relations Law Restatement. This completes these three portions of the project.
At ALI’s Annual Meeting on Monday, May 22, members voted to approve the Tentative Draft No. 3 of the Jurisdiction portion of the Foreign Relations Law Restatement. New content reviewed and approved at this meeting includes the following in the Jurisdiction draft.
At ALI’s Annual Meeting on Monday, May 22, members voted to approve the Tentative Draft No. 2 of the Treaties portion of the Foreign Relations Law Restatement. New content reviewed and approved at this meeting includes the following in the Treaties draft.
In a decision delivered by Justice Stephen Breyer, the Supreme Court of the United States quoted Reporters’ Note 12 to § 455 (Tentative Draft No. 2, 2016) of the U.S. Foreign Relations (Sovereign Immunity) Restatement, as well as two Sections of the Restatement of the Law Third, The Foreign Relations Law of the United States.
As a continuation of our post series that includes content of ALI drafts, we now include Section 113, Authority to Suspend, Terminate, or Withdraw from Treaties, from the Foreign Relations Law, Treaties project.
Section 312 covers Extradition, which is the principal means by which the United States acquires the presence of a defendant who is not already in the United States as well as the process by which the United States sends criminal suspects located in the United States to others countries for trial.