FOREIGN RELATIONS LAW OF THE UNITED STATES

 

Restatement of the Law Second, Foreign Relations Law of the United States

This, the original work on the subject, is now out of print. It has been replaced by Restatement of the Law Third, Restatement of the Foreign Relations Law of the United States.

Restatement of the Law Third, Foreign Relations Law of the United States

Foreign Relations Law of the United States 3rd (vols. 1-2)

2 volumes: vol. 1 xxviii, 641 pp.; vol. 2 xxiv, 561 pp.; 1987, hardbound, Order Code 5898, $173 -- Order this item; 1990, softbound, Order Code 5416, $45 -- Order this item

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Restatement of the Law Third, Restatement of the Foreign Relations Law of the United States, constitutes a comprehensive revision of the earlier (1965) Restatement, covering many more subjects, and reflecting important developments in the intervening decades.

This Restatement consists of international law as it applies to the United States, and domestic law that has substantial impact on the foreign relations of the United States or has other important international consequences. For the most part, the domestic component of the law restated in the book is federal law, deriving mainly from the Constitution, acts of Congress, and judicial decisions. The international law restated stems largely from customary international law and international agreements to which the United States is a party. Like its predecessor work, this Restatement reflects the opinion of The American Law Institute as to the rules that an impartial tribunal would apply if charged with deciding a controversy in accordance with international law.

The international law aspect of foreign relations law has changed substantially since the prior Restatement. Scientific and technological developments; ideological alignments and realignments among countries; the burgeoning of populations and other strains on world resources; and the explosion of new states with common problems of underdevelopment and colonial history have changed old law and brought new law. Consequently, this Restatement devotes much attention to relatively new areas such as the law of the environment, the law of human rights, certain areas of international economic law, the law of the sea, of diplomatic relations, and of international dispute settlement and cooperation in law enforcement. The work also provides guidance in matters not likely to be familiar to the average lawyer, for example, the sources of international law and its place in United States jurisprudence. Discussed more fully, too, is the international law of remedies, which received only minimal coverage in the previous Restatement.

The domestic component of the foreign relations law of the United States has also changed appreciably over the years. In the decade following the Second World War, the courts continued in their pre-war disposition to accept large governmental, and particularly executive, authority under the Constitution in the conduct of foreign affairs. In recent years, mainly as a result of reinterpretation by the Supreme Court and adjustments by Congress, there has been some redistribution of power among the three branches of government, and some increased protection for the rights of the individual, in matters relating to foreign relations. New laws, such as the Foreign Sovereign Immunities Act of 1976, new developments in international judicial assistance, and emerging new concepts of jurisdiction to prescribe for activities carried out in or affecting more than one state, have been brought about by new issues facing the United States. The new Restatement provides in-depth treatment of these subjects.

Where international law and United States domestic law run parallel, such as in sovereign immunity, judicial assistance, and international economic law, the international principle and the United States rule are stated in successive sections or subsections of the volume. Where United States law or practice differs significantly from international law with respect to a given subject, the difference is noted.

The Restatement is divided into nine main parts: I. International Law and Its Relation to United States Law; II. Persons in International Law; III. International Agreements; IV. Jurisdiction and Judgments; V. The Law of the Sea; VI. The Law of the Environment; VII. Protection of Persons (Natural and Juridical); VIII. Selected Law of International Economic Relations; IX. Remedies for Violations of International Law.

A cumulative annual soft-cover supplement contains all citations to this Restatement, as well as all citations to its predecessor.

Chief Reporter: Louis Henkin, Columbia University School of Law, New York, New York.

Associate Reporters: Andreas F. Lowenfeld, New York University School of Law, New York, New York; Louis B. Sohn, University of Georgia School of Law, Athens, Georgia; Detlev F. Vagts, Harvard Law School, Cambridge, Massachusetts.

Advisers: Richard R. Baxter, Harvard Law School, Cambridge, Massachusetts [Deceased 1980]; Bennett Boskey, Washington, District of Columbia; Robert R. Bowie, Washington, District of Columbia [from 1980]; Charles N. Brower, Judge, Iran-United States Claims Tribunal, The Hague, The Netherlands [from 1982]; Thomas Buergenthal, Emory University School of Law, Atlanta, Georgia; Hardy C. Dillard, Charlottesville, Virginia [Deceased 1982]; Thomas Ehrlich, Provost, University of Pennsylvania, Philadelphia, Pennsylvania; Alona E. Evans, Wellesley College, Wellesley, Massachusetts [Deceased 1980]; Adrian S. Fisher, Georgetown University Law Center, Washington, District of Columbia eceased 1983]; Herbert J. Hansell, Washington, District of Columbia; Monroe Leigh, Washington, District of Columbia; Robert MacCrate, New York, New York; Ronald St. J. Macdonald, Dalhousie University Faculty of Law, Halifax, Nova Scotia, Canada; Myres Smith McDougal, Sterling Professor of Law, Emeritus, Yale Law School, New Haven, Connecticut, and Professor of Law, New York Law School, New York, New York; Leonard C. Meeker, Washington, District of Columbia; Covey T. Oliver, Hubbell Professor of International Law, Emeritus, The Law School, University of Pennsylvania, Philadelphia, Pennsylvania; Cecil J. Olmstead, Washington, District of Columbia; Roberts B. Owen, Washington, District of Columbia [from 1980]; DavisR. Robinson, Washington, District of Columbia [from 1982]; Oscar Schachter, Columbia University School of Law, New York, New York; John R. Stevenson, New York, New York; Joseph Modeste Sweeney, Tulane University School of Law, New Orleans, Louisiana; Herbert Wechsler, New York, New York, Director Emeritus, The American Law Institute; Malcolm Richard Wilkey, Ambassador of the United States, Montevideo, Uruguay.

International Advisory Panel: Eduardo Jimenez de Arechaga, Montevideo, Uruguay, formerly Judge, International Court of Justice; Derek W. Bowett, Whewell Professor of International Law, Cambridge University, Cambridge, England; Manfred Lachs, Poland, Judge, International Court of Justice, The Hague, The Netherlands; Shigeru Oda, Japan, Judge, International Court of Justice, The Hague, The Netherlands; Michel Virally, Professor of Public Law, University of Law, Economics and Social Sciences, University of Paris II, Paris, France; Karl M. Meessen, Professor of Law, University of Augsburg, Augsburg, Federal Republic of Germany and Professor of International Trade Law, Graduate Institute of International Studies, Geneva, Switzerland, Special Consultant on International Economic Law.

Tentative and Other Annual Meeting Drafts

Tentative Draft No. 1: Part I. Relation of International Law to United States Law. Chapter 1. International Law: Character and Sources; Chapter 2. Status of International Law and Agreements in United States Law. Part III. International Agreements; Chapter 1. International Agreements: Definition, Nature and Scope; Chapter 2. The Making of International Agreements; Chapter 3. Effect of ternational Agreements; Chapter 4. Interpretation of International Agreements; Chapter 5. Validity and Continuation in Force; Chapter 6. Termination, Amendment and Suspension of International Agreements xxi, 195 pp., 1980, Order Code 5167, $12 -- Order this item

Tentative Draft No. 2: Part II. Persons in International Law. Chapter 1. States; Chapter 2. International Organizations. Part IV. Jurisdiction and Judgments; Chapter 1. Jurisdiction; Chapter 2. Immunity from Jurisdiction; Chapter 3. International Cooperation in Adjudication and Enforcement; Chapter 4. Recognition and Enforcement of Foreign Judgments xvi, 221 pp., 1981, Order Code 5622, $15 -- Order this item

Tentative Draft No. 3: Part IV. Jurisdiction and Judgments (Sections 401, 419-20, 431-33); Part V. The Law of the Sea (Sections 501-02, 511-17, 521-22); Part VII. The Protection of Persons (Natural and Juridical) xxiv, 257 pp., 1982, Order Code 5648, $15 -- Order this item

Tentative Draft No. 4: Part IV. Jurisdiction and Judgments (Sections 428-429, 461-467, 491-498); Part VI. The Law of the Environment; Part VII. The Protection of Persons (Natural and Juridical) (Sections 721-722); Part VIII. Selected Law of International Economic Relations (Sections 801-812) xvi, 297 pp., 1983, Order Code 5678, $20 -- Order this item

Tentative Draft No. 5: Introduction to Restatement; Part IV. Jurisdiction and Judgments (Sections 445-446, 481-484, 486-489); Part V. The Law of the Sea (Sections 514, 523); Part VIII. Selected Law of International Economic Relations (Sections 851-853); Part IX. Remedies for Violations of International Law xxvii, 226 pp., 1984, Order Code 5725, $20 -- Order this item

Tentative Draft No. 6: Revisions of Tentative Drafts 1-5: Vol. 1. Part I. International Law and Its Relation to United States Law; Part II. Persons in International Law; Part IV. Jurisdiction and Judgments (Sections 401-404, 411-416, 421-423, 431-433, 436, 437, 457, 461, 469-474, 479); Part VII. Protection of Persons (Natural and Juridical); Part VIII. Selected Law of International Economic Relations; Part IX. Remedies for Violations of International Law (Sections 903, 905) xxv, 662 pp., 1985, Order Code 5785, $50 -- Order this item, Vol. 2. Part III. International Agreements; Part V. The Law of the Sea xvi, 329 pp., 1985, Order Code 5786, $25 -- Order this item

Tentative Draft No. 7: Revisions of: Section 403. Limitations on Exercise of Jurisdiction to Prescribe; Section 416. Jurisdiction to Regulate Activities Related to Securities: Law of the United States; Section 437. Discovery and Foreign Government Compulsion: Law of the United States; Section 469. The Act of State Doctrine: Law of the United States; Section 476. Extradition Between States: The Basic Rule; Section 477. Grounds for Refusal of Extradition; Section 478. Doctrine of Specialty; Section 479. International Extradition Procedure: Law of the United States; Section 712. Economic Injury to Nationals of Other States; Section 903. International Court of Justice xxv, 169 pp., 1986, Order Code 5822, $25 -- Order this item

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Note: The Tentative Drafts listed above were originally published under the title of Restatement of the Law, Foreign Relations Law of the United States (Revised).