Restatement of the Law Third: The Foreign Relations Law of the United States. Vols. 1 and 2. St. Paul, MN: American Law Institute Publishers, 1987. Vol. 1: pp. xxviii, 641; vol. 2: pp. xxiv, 561. Index. $150.

1992 ◽  
Vol 86 (3) ◽  
pp. 608-620 ◽  
Author(s):  
Rudolf Bernhardt ◽  
Ulrich Beyerlin ◽  
Karl Doehring ◽  
Jochen Abr. Frowein
2020 ◽  
Vol 19 (1) ◽  
pp. 101-135
Author(s):  
William S Dodge

Abstract In 2018, the American Law Institute published the Restatement (Fourth) of Foreign Relations Law, which restates the law of the United States governing jurisdiction, state immunity, and judgments. These issues arise with great frequency in international cases brought in US courts, including cases involving Chinese parties. This article provides an overview of many of the key provisions of the Restatement (Fourth). The article describes the Restatement (Fourth)’s treatment of the customary international law of jurisdiction, as well the rules of US domestic law based on international comity that US courts apply when deciding international cases.


2019 ◽  
Vol 113 (2) ◽  
pp. 386-388 ◽  

In late 2018, the American Law Institute released a volume of the Restatement Fourth of the Foreign Relations Law of the United States. Initiated in October 2012 under the direction of Coordinating Reporters Sarah Cleveland and Paul Stephan, this volume covers three areas of U.S. foreign relations law: treaties, jurisdiction, and sovereign immunity. It remains to be seen whether the American Law Institute will revisit other portions of the Restatement Third, which was published in 1987. “[I]n the meantime, the provisions of the Third Restatement remain the position of The American Law Institute except where superseded by provisions in this Fourth Restatement.”


1984 ◽  
Vol 19 (3-4) ◽  
pp. 495-522
Author(s):  
Malvina Halberstam

The prestigious American Law Institute is in the process of promulgating a revised Restatement of the Foreign Relations Law of the United States. The present Restatement on the subject was adopted in 1962 and finally promulgated with revisions in 1965. Work on a revised restatement began in the late 1970s and the first tentative draft was submitted to the Institute in 1980. Thus far, five tentative drafts have been presented to the members of the Institute for their consideration and the Restatement as a whole is scheduled for consideration by the members of the Institute at its annual meeting in May 1985.The American Law Institute is a private organization of jurists, not a legislative body, and the Restatements are not official codifications. However, since the Institute membership includes some of the most noted scholars, judges and practitioners in the United States, the Restatements carry great weight and are often cited by United States courts in their decisions.


1989 ◽  
Vol 83 (4) ◽  
pp. 805-813 ◽  
Author(s):  
Jonathan I. Charney

Disputes with foreign policy implications have often been brought to the federal courts. These cases call attention to the tension between the authority of the political branches to conduct the foreign relations of the United States and the authority of the courts to render judgments according to the law. How this tension is resolved, in turn, bears directly on the commitment of the United States to the rule of law.


1975 ◽  
Vol 69 (2) ◽  
pp. 290-309 ◽  
Author(s):  
Theodor Meron

The object of this article is to examine and evaluate the Fishermen's Protective Act, as reflecting the legal strategy of the United States in one particular area of its foreign relations law of importance to both the law of the sea and the law of international claims.


This book, The Restatement and Beyond, grapples with the most significant issues in contemporary U.S. foreign relations law. The chapters in this text respond to the recently published Fourth Restatement of the Foreign Relations Law. They review the context and assumptions on which that work relied, criticize that work for its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively, the essays in this book provide an authoritative study of the issues generating controversy today as those most likely to emerge in the coming decade. The book is organized in six parts. The first part provides a historical context for the law of foreign relations from the beginning of the twentieth century, when the United States first envisioned itself as a peer and competitor of the major European powers, to the present, when the United States, although a hegemon, faces deep unrest and uncertainty with respect to its position in the world. The next four parts look at contested issues in foreign relations law today, specifically the law of treaties, the role of domestic courts in interpreting and applying international law, the limits on domestic jurisdiction, and the law of immunity as to states, international organizations, and foreign government officials. The last part considers what this body of law might look like in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law’s development.


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