This essay for the Yearbook of Private International Law discusses the draft Fourth Restatement of Foreign Relations Law on the topic of jurisdiction. 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. The essay also notes the Fourth Restatement’s emphasis on distinguishing clearly between domestic law and international law, which has resulted in the Fourth Restatement giving greater coverage to the U.S. domestic law of jurisdiction than the Third Restatement did.

 

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William S. Dodge

William S. Dodge specializes in international law, international transactions, and international dispute resolution. He currently serves as a member of the State Department’s Advisory Committee on International Law. From 2011 to 2012, he was Counselor on International Law to the Legal Adviser at the State Department. He is a co-author of the casebook Transnational Business Problems (5th ed. Foundation Press 2014) and co-editor of International Law in the U.S. Supreme Court: Continuity and Change (Cambridge University Press 2011), which won the American Society of International Law’s 2012 certificate of merit.

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