U.S. Foreign Relations Law Posts

U.S. Foreign Relations Law, Treaties Approved

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.

SCOTUS Cites Foreign Relations 4th in Venezuelan Oil-Drilling Opinion

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. 

Extradition

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.

Does President Trump Control Head-of-State Immunity Determinations in US Courts?

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…

Treaty Termination

U.S. Foreign Relations Law Reporters Edward Swaine and Curtis Bradley discuss the question of treaty termination in this video.

U.S. Foreign Relations Law: Project Update

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.

International Law in the Age of Trump: A Post-Human Rights Agenda

ALI Member and Restatement of the Law Fourth, Foreign Relations Law – Immunity Reporter Ingrid Wuerth of Vanderbilt Law School presented the final 2016 lecture in the World Affairs Council series at UNC Asheville on Dec 6. Her lecture titled "International Law in the...