U.S. Foreign Relations Law Posts
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.