Toward the Fifth Restatement of U.S. Foreign Relations Law
This chapter discusses the debate that the Fourth Restatement of Foreign Relations Law of the United States has sparked regarding the status of adjudicative jurisdiction under public international law. The Fourth Restatement has received considerable attention for its conclusion that adjudicative jurisdiction is not a concern of public international law. But exercises of adjudicative jurisdiction around the world are not static. Innovations and expansions of international adjudication in courts around the world are in process and looming on the horizon. This chapter surveys these developments and considers whether they could lead the next Restatement to alter its position on adjudicative jurisdiction. It also evaluates how these developments could translate into state practice and expressions of opinio juris that might affect the international law status of adjudicative jurisdiction.