U.S. Foreign Relations Law Posts
Judge rules 9/11 lawsuit against Saudi Arabia can proceed
A lawsuit accusing the Saudi Arabian government of complicity in the Sept. 11 terrorist attacks, and seeking billions of dollars in damages, can go forward, a judge ruled Wednesday.
Comparative International Law, Foreign Relations Law and Fragmentation: Can the Center Hold?
Foreign relations law focuses on the domestic institutions that conduct a state’s relations with foreign actors, whether states, international organizations, or foreign persons. One of its tasks is to intervene between international and domestic law.
N.J. Legislation Follows Foreign Relations Law Restatement on Judgments
Signed into law in January, the new law relates to foreign judgments (except for taxes, fines, or domestic relations) and protects against monetary judgments entered in nations whose courts fail to provide due process.
D.C. Court of Appeals Cites Restatement Fourth of Foreign Relations
Reversing the District Court’s ruling, the Court of Appeals cited the Restatement of the Law Fourth, The Foreign Relation Law of the United States in its discussion about currency conversion in federal court.
Does Congress Care That the President Controls International Law?
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?
Internationalizing the New Conflict of Laws Restatement
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.
Children Crossing Borders: Internationalizing the Restatement of the Conflict of Laws
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.
Jurisdiction in the Fourth Restatement of Foreign Relations Law
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.
U.S. Foreign Relations Law, Sovereign Immunity Approved
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.
U.S. Foreign Relations Law, Jurisdiction Approved
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.