U.S. Foreign Relations Law Posts
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.
Here is how foreign official immunity works. In the United States, the immunity of foreign states from suit in both state and federal court is governed by a federal statute, the Foreign Sovereign Immunities Act (FSIA). But the Supreme Court has held that the FSIA does not apply to claims against individual foreign officials…
U.S. Foreign Relations Law Reporters Edward Swaine and Curtis Bradley discuss the question of treaty termination in this video.
Final sections of Jurisdiction, Sovereign Immunity, and Treaties will be on the agenda at the 2017 Annual Meeting. Membership approval of the three drafts at the Annual Meeting would complete these portions of the U.S. Foreign Relations Law project.