Restatement of the Law Fourth,

The Foreign Relations Law of the United States

This volume addresses the U.S. approach to three areas of foreign relations law, with limitations: Treaties but not other forms of international agreements U.S. views on Jurisdiction, but not generally on separation of powers or federalism Sovereign Immunity, but not other immunities required or regulated by international law.

The Restatement of the Law Fourth, The Foreign Relations Law of the United States also has an active project that will cover topics not addressed in the previous Restatement Fourth volume on selected topics in treaties, jurisdiction, and sovereign immunity, as well as selected topics that have emerged since publication of the Restatement Third. Tentative Drafts of the ongoing project will be available for purchase on this site as they become available.

Much has changed since 1987, and that is no more evident than in the world of foreign relations. Recognizing that parts of the Restatement Third were no longer a true reflection of the present state of the law, ALI decided in 2012 to begin reexamining U.S. foreign relations law. This volume of the Restatement of the Law Fourth, The Foreign Relations Law of the United States, addresses selected topics in jurisdiction, treaties, and sovereign immunity.

TABLE OF CONTENTS

Introduction

PART III - STATUS OF TREATIES IN U.S. LAW
Introductory Note
§ 301. Treaties as Law of the United States
§ 302. Capacity and Authority to Conclude International Agreements
§ 303. Approval of Treaties Under the Constitution
§ 304. Entry into Force of International Agreements
§ 305. Reservations and Other Conditions
§ 306. Interpretation of Treaties
§ 307. Relationship of Treaties to Individual Constitutional Rights
§ 308. Conflicts Between Treaties and State or Local Law
§ 309. Conflicts Between Treaties and Federal Statutes
§ 310. Self-Executing and Non-Self-Executing Treaty Provisions
§ 311. Private Enforcement of Treaties
§ 312. Relationship of Treaty Power to Federalism
§ 313. Authority to Suspend, Terminate, or Withdraw from Treaties

PART IV - JURISDICTION, STATE IMMUNITY, AND JUDGMENTS

Introductory Note
§ 401. Categories of Jurisdiction

CHAPTER 1 - PRESCRIPTION
Introductory Note

SUBCHAPTER A - EXERCISE OF PRESCRIPTIVE JURISDICTION BY THE
UNITED STATES
§ 402. United States Practice with Respect to Jurisdiction to Prescribe
§ 403. Federal Constitutional Limits
§ 404. Presumption Against Extraterritoriality
§ 405. Reasonableness in Interpretation
§ 406. Interpretation Consistent with International Law

SUBCHAPTER B - CUSTOMARY INTERNATIONAL LAW GOVERNING JURISDICTION TO PRESCRIBE
§ 407. Customary International Law Governing Jurisdiction to Prescribe
§ 408. Jurisdiction Based on Territory
§ 409. Jurisdiction Based on Effects
§ 410. Jurisdiction Based on Active Personality
§ 411. Jurisdiction Based on Passive Personality
§ 412. Jurisdiction Based on the Protective Principle
§ 413. Universal Jurisdiction

CHAPTER 2 - ADJUDICATION
Introductory Note
SUBCHAPTER A - JURISDICTION TO ADJUDICATE IN CIVIL CASES
§ 421. Subject-Matter Jurisdiction
§ 422. Personal Jurisdiction
§ 423. Service of Process
§ 424. Forum Non Conveniens
§ 425. Antisuit Injunctions
§ 426. Obtaining Evidence in Civil Proceedings

SUBCHAPTER B - JURISDICTION TO ADJUDICATE IN CRIMINAL CASES
§ 427. Presence of the Defendant
§ 428. Extradition
§ 429. Mutual Legal Assistance in Criminal Matters

CHAPTER 3 - ENFORCEMENT
Introductory Note
§ 431. United States Practice with Respect to Jurisdiction to Enforce
§ 432. International Law Governing Jurisdiction to Enforce

CHAPTER 4 - JURISDICTION AND THE LAW OF OTHER STATES
Introductory Note
§ 441. Act of State Doctrine
§ 442. Foreign-State Compulsion

CHAPTER 5 - IMMUNITY OF STATES FROM JURISDICTION
Introductory Note

SUBCHAPTER A - IMMUNITY OF FOREIGN STATES FROM JURISDICTION TO ADJUDICATE
§ 451. Immunity of Foreign States from Jurisdiction to Adjudicate
§ 452. Definition of Foreign State
§ 453. Waiver and Counterclaims
§ 454. Claims Based upon Commercial Activity
§ 455. Claims Concerning Property Taken in Violation of International Law
§ 456. Claims Based on Rights to Property in the United States
§ 457. Claims in Noncommercial Tort
§ 458. Claims Arising from Agreements to Arbitrate
§ 459. Claims in Admiralty
§ 460. Claims Against State Sponsors of Terrorism

SUBCHAPTER B - PROCEDURES IN CIVIL SUITS AGAINST FOREIGN SOVEREIGNS
§ 461. Service of Process, Venue, Removal
§ 462. Discovery
§ 463. Default Judgment Against Foreign State

SUBCHAPTER C - ENFORCEMENT MEASURES AGAINST FOREIGN SOVEREIGNS IN SUPPORT OF CIVIL LITIGATION
§ 464. Execution or Other Enforcement of Judgment Against Foreign State

CHAPTER 8 - RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN THE UNITED STATES
Introductory Note
§ 481. Recognition of Foreign Judgments
§ 482. Procedure to Obtain Recognition
§ 483. Mandatory Grounds for Nonrecognition
§ 484. Discretionary Grounds for Nonrecognition
§ 485. Burdens of Proof
§ 486. Enforcement of Foreign Judgments
§ 487. Claim and Issue Preclusion
§ 488. Foreign Injunctions
§ 489. Tax and Penal Judgments
§ 490. Judgments Denominated in Foreign Currency

Parallel Tables

Index

Coordinating Reporters:
Sarah H. Cleveland, Columbia Law School, New York, NY
Paul B. Stephan, University of Virginia School of Law, Charlottesville, VA
Reporters – Jurisdiction:
William S. Dodge, University of California, Davis School of Law, Davis, CA
Anthea Roberts, Australian National University, Canberra, Australia
Paul B. Stephan, University of Virginia School of Law, Charlottesville, VA
Reporters – Sovereign Immunity:
David P. Stewart, Georgetown University Law Center, Washington, DC
Ingrid Wuerth, Vanderbilt University Law School, Nashville, TN
Reporters – Treaties:
Curtis A. Bradley, Duke University School of Law, Durham, NC
Sarah H. Cleveland, Columbia Law School, New York, NY
Edward T. Swaine, George Washington University Law School, Washington, DC

ISBN: 978-1-539-23049-6524
pages, 2018, #1R4FRLOTV1

The Foreign Relations Law of the United States

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