Now Available: Restatement of The Law Fourth, The Foreign Relations Law of the United States

| November 7, 2018 | U.S. Foreign Relations Law

In the mid-1950s, lawyers, judges, and legal scholars gathered in New York City to discuss ALI’s possible work on a project in the field of foreign relations law. Future project Reporter Adrian S. Fisher noted that, at the time of its introduction, this Restatement presented two issues nonexistent in previous Restatements. First, foreign relations law was more the concern of the government attorney, and less the concern of the private attorney, than any of the other fields covered by a Restatement. Second, in order for this work to be of lasting value, it needed to be persuasive to lawyers in other countries.

It was precisely these two hurdles that made ALI the right organization to assemble a study of utility in understanding foreign relations law. The Institute held a level of objectivity and detachment that no government group could possess, and inviting lawyers from other countries to serve as participants in the drafting of the Restatement assured that the Institute’s reputation of having a diversity of experience from the best legal minds remained intact. The result of this effort was the Restatement Second of U.S. Foreign Relations Law, published in 1965.

ALI entered this area of law without compromising the integrity and authority for which Restatements had been known. The Restatements Second and Third (1987) have been enormously influential. But the world continues to change and with it so does the rule of law.

A reexamination of this Restatement began in October 2012. When the Council approved the project, it decided not to launch a full revision of the Restatement Third at that time. Instead, it limited the scope of the project to three areas, with limitations:

Treaties but not other forms of international agreements;

U.S. views on Jurisdiction, but not generally on separation of powers or federalism; and

Sovereign Immunity, but not other immunities required or regulated by international law.

Now available for purchase, this volume of the Restatement of the Law Fourth, The Foreign Relations Law of the United States, completes the work on the aforementioned topics. Additional areas of the Restatement Third are likely to be addressed in future discrete projects within the Fourth Restatement.

The project was led by Coordinating Reporters Sarah H. Cleveland of Columbia Law School (also a Reporter on Treaties) and Paul B. Stephan of University of Virginia School of Law (also a Reporter on Jurisdiction), Jurisdiction Reporters William S. Dodge of University of California, Davis School of Law and Anthea Roberts of Australian National University; Sovereign Immunity Reporters David P. Stewart of Georgetown University Law Center and Ingrid Wuerth of Vanderbilt University Law School; and Treaties Reporters Curtis A. Bradley of Duke University School of Law and Edward T. Swaine of George Washington University Law School.

 

For more information, please contact communications@ali.org.

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Sarah H. Cleveland

Coordinating Reporter, Restatement of the Law Fourth, The Foreign Relations Law of the United States

Sarah Cleveland is the Louis Henkin Professor of Human and Constitutional Rights and faculty director of the Human Rights Institute at Columbia Law School. She is a noted expert in international law and the constitutional law of U.S. foreign relations, with particular interests in the status of international law in U.S. domestic law, international and comparative human rights law, international humanitarian law, and national security. She also holds prominent roles as an independent expert on the U.N. Human Rights Committee, as co-coordinating reporter of the American Law Institute’s project on the Restatement (Fourth) of the Foreign Relations Law of the United States, and as the U.S. member on the Venice Commission of the Council of Europe.

Paul B. Stephan

Coordinating Reporter, Restatement of the Law Fourth, The Foreign Relations Law of the United States

Paul B. Stephan is an expert on international business, international dispute resolution and comparative law, with an emphasis on Soviet and post-Soviet legal systems. In addition to writing prolifically in these fields, Stephan has advised governments and international organizations, taken part in cases in the Supreme Court of the United States, the federal courts, and various foreign judicial and arbitral proceedings, and lectured to professionals and scholarly groups around the world on issues raised by the globalization of the world economy. During 2006-07, he served as counselor on international law in the U.S. Department of State. He currently is a coordinating reporter for the American Law Institute’s Restatement (Fourth) of the Foreign Relations Law of the United States. Other interests for Stephan, who joined the University of Virginia’s law faculty in 1979, include taxation and constitutional law.

William S. Dodge

Reporter– Jurisdiction, Restatement of the Law Fourth, The Foreign Relations Law of the United States

William S. Dodge is the John D. Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at the University of California, Davis School of Law. He specializes in international law, international transactions, and international dispute resolution. He previously served as Co-Reporter for the American Law Institute’s Restatement (Fourth) of Foreign Relations Law from 2012 to 2018. 

Anthea Roberts

Reporter – Jurisdiction, Restatement of the Law Fourth, The Foreign Relations Law of the United States

Anthea Roberts is a specialist in public international law, investment treaty law and arbitration, and comparative international law. Prior to joining the ANU, Anthea was an Associate Professor at the London School of Economics, a Visiting Professor at Columbia Law School and Harvard Law School. She is also currently a Visiting Professor on the Masters of International Dispute Settlement at the Graduate Institute/University of Geneva. In 2017-18, Anthea is serving as one of the two inaugural Legal Fellows for the Australian Department of Foreign Affairs and Trade as part of their new Diplomatic Academy.

David P. Stewart

Reporter – Sovereign Immunity, Restatement of the Law Fourth, The Foreign Relations Law of the United States

David P. Stewart joined the faculty following his retirement from the U. S. Department of State, where he served as Assistant Legal Adviser for Private International Law. Previously he had been Assistant Legal Adviser for Diplomatic Law and Litigation, for African Affairs, for Human Rights and Refugees, for Law Enforcement and Intelligence, and for International Claims and Investment Disputes, as well as Special Assistant to the Legal Adviser. Before joining the government, he was in private practice with Donovan Leisure Newton & Irvine in commercial and antitrust litigation. He was Adjunct Professor for over 25 years and received Georgetown’s Charles Fahy award for distinguished adjunct faculty teaching in 2003-2004.

Ingrid Wuerth

Reporter – Sovereign Immunity, Restatement of the Law Fourth, The Foreign Relations Law of the United States

Ingrid Wuerth is a leading scholar of foreign affairs, public international law and transnational litigation. She joined Vanderbilt’s law faculty in 2007, was appointed director of the International Legal Studies Program in 2009, and was appointed director of the Branstetter Litigation & Dispute Resolution Program in 2018. She was named to the newly endowed Helen Strong Curry Chair in International Law in 2015. Professor Wuerth sits on the board of editors of the American Journal of International Law and is a member of the American Law Institute and the State Department’s Advisory Committee on Public International Law. She was served as a Reporter for the Restatement (Fourth) of the Foreign Relations Law of the United States. She has received numerous honors and fellowships, including the Morehead Scholarship at the University of North Carolina at Chapel Hill, a Fulbright Senior Scholar award, the German Chancellor's Fellowship, election to the German Society of International Law, election to the Order of the Coif and many teaching awards. 

Curtis A. Bradley

Reporter – Treaties, Restatement of the Law Fourth, The Foreign Relations Law of the United States

Curtis Bradley is the William Van Alstyne Professor of Law and Professor of Public Policy Studies at Duke University, as well as a co-director for the Center for International and Comparative Law.  His scholarly expertise spans the areas of international law in the U.S. legal system, the constitutional law of foreign affairs, and federal jurisdiction, and his courses include International law, Foreign Relations Law, and Federal Courts.  He was the founding co-director of Duke Law School’s Center for International and Comparative Law and serves on the executive board of Duke's Center on Law, Ethics, and National Security.  Since 2012, he has served as a Reporter for the American Law Institute's Restatement project on The Foreign Relations Law of the United States. In 2016, he received a Carnegie Fellowship to support his work on comparative foreign relations law. He is currently the co-Editor-in-Chief of the American Journal of International Law.

Edward T. Swaine

Reporter – Treaties, Restatement of the Law Fourth, The Foreign Relations Law of the United States

Edward T. Swaine teaches and writes in the areas of international law, foreign relations law, international antitrust, and contracts. He is the co-author of Foreign Relations and National Security Law: Cases, Materials and Simulations (4th ed. 2011) (with Franck, Glennon, and Murphy) and has published work in the American Journal of International Law, Columbia Law Review, Duke Law Journal, Harvard International Law Journal, Stanford Law Review, University of Pennsylvania Law Review, Virginia Journal of International Law, William and Mary Law Review, and Yale Journal of International Law, among others. He has consulted on matters involving treaty law, antitrust, intellectual property, and international litigation and arbitration.

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