U.S. Foreign Relations Law Archives - Page 5 of 8

Restatement of the Law Fourth, The Foreign Relations Law of the United States (Treaties, Jurisdiction, and Sovereign Immunity) has been completed and is published. You may find the book on The American Law Institute website.

The Restatement of the Law Fourth, The Foreign Relations Law of the United States project updates the influential Restatement Third, published in 1987. Current topics include Jurisdiction, Sovereign Immunity, and Treaties.

Sovereign Immunity

This chapter of the Restatement addresses the immunity of foreign states from jurisdiction to adjudicate, from jurisdiction to prescribe, and from non-judicial enforcement.

The project takes the general approach of Restatement Third. The table of contents for the Restatement Fourth also includes four new Sections, based on amendments to the Foreign Sovereign Immunities Act (FSIA) or on significant developments in practice since the Restatement Third was adopted.

Treaties

Chapter 2 of the Restatement Third addresses the Status of International Law and Agreements in United States Law, including Article II treaties, other international agreements, and customary international law.

Jurisdiction

The project follows in the footsteps of the Restatement Third by analyzing jurisdiction functionally in terms of prescribing rules, adjudicating disputes, and enforcing the law. The project distinguishes between rules of international law and rules of U.S. domestic law.

Coordinating Reporters

Sarah H. Cleveland

Coordinating Reporter, Restatement of U.S. Foreign Relations Law

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.

Paul B. Stephan

Coordinating Reporter, Restatement of U.S. Foreign Relations Law

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.

Sovereign Immunity Reporters

David P. Stewart

Reporter, Restatement of U.S. Foreign Relations Law: Sovereign Immunity

David P. Stewart joined the faculty of Georgetown Law 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.

Ingrid Wuerth

Reporter, Restatement of U.S. Foreign Relations Law: Sovereign Immunity

Ingrid Wuerth is the Helen Strong Curry Professor of International Law at Vanderbilt Law School, where she also directs the international legal studies program. She is a leading scholar of foreign affairs, public international law and international litigation. She serves on the State Department’s Advisory Committee on Public International Law, she is a Reporter on the American Law Institute’s Restatement (Fourth) on U.S. Foreign Relations Law, and she is on the editorial board of the American Journal of International Law. She has won Fulbright and Alexander von Humboldt awards permitting her to spend substantial time in Germany and she is an elected member of the German Society of International Law.

Jurisdiction Reporters

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.

Anthea Roberts

Reporter, Restatement of U.S. Foreign Relations Law: Jurisdiction

Anthea Roberts is a specialist in public international law, investment treaty law and arbitration and comparative international law. She has served as a testifying and consulting legal expert in international law cases, including those before national courts and international tribunals, on issues such as the interpretation of Chinese investment treaties and the availability of sovereign immunity. She is currently serving as an international arbitrator.

Treaties Reporters

Curtis A. Bradley

Reporter, Restatement of U.S. Foreign Relations Law: Treaties

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.

Edward T. Swaine

Reporter, Restatement of U.S. Foreign Relations Law: Treaties

Edward T. Swaine joined the GW faculty in 2006, after serving as the Counselor on International Law at the U.S. Department of State. He is a member of the Advisory Committee on Public International Law for the U.S. State Department, a past member of the Executive Council of the American Society of International Law, and former co-chair of the International Law in Domestic Groups interest group. At GW, Professor Swaine has served as the Senior Associate Dean for Academic Affairs and Director of the Competition Law Center.

International Comity in the Restatement (Fourth) of Foreign Relations Law

William S. Dodge | February 7, 2019 | U.S. Foreign Relations Law

AbstractThis paper compares the treatment of international comity in the Restatement (Third) of Foreign Relations Law (1987) and the Restatement (Fourth) (2018). The Restatement (Third) generally avoided international comity and focused on restating international law....

Limits on Jurisdiction

Chimène Keitner, Thomas H. Lee, Ralf Michaels, Austen L. Parrish and Ann Woolhandler | January 29, 2019 | U.S. Foreign Relations Law

Watch Ralf Michaels of Duke Law, Austen Parrish of Indiana Law, Thomas Lee of Fordham Law, and Chimène Keitner of UC Hastings discuss limits on jurisdiction in international law with moderator and Anne Woolhandler of UVA Law at UVA Law’s 31st Sokol Colloquium. During...

From International Law and International Relations to Law and World Politics

Christopher A. Whytock | December 12, 2018 | Conflict of Laws, U.S. Foreign Relations Law

ABSTRACTPolitical scientists — primarily in the discipline’s international relations subfield — have long studied international law. This article identifies five stages of political science research on international law, including the current interdisciplinary...

Courts Cite Foreign Relations 4th

Pauline Toboulidis | November 30, 2018 | U.S. Foreign Relations Law

Two courts recently cited the Restatement of the Law Fourth, The Foreign Relations Law of the United States, the official text of which is now available. Summaries of those opinions are provided below. In Philipp v. Federal Republic of Germany, 894 F.3d 406 (D.C. Cir....

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

Pauline Toboulidis | 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...

Courts Apply Updated Portions of Restatement Fourth U.S. Foreign Relations Law

Pauline Toboulidis | November 1, 2018 | U.S. Foreign Relations Law

Courts across the country have already begun citing to the Restatement Fourth’s Tentative Drafts on Jurisdiction, Sovereign Immunity, and Treaties. These three portions of Restatement of the Law Fourth, The Foreign Relations Law of the United States, were completed...