Restatement of the Law Fourth,

The Foreign Relations Law of the United States

This work will update the influential Restatement Third of The Foreign Relations Law of the United States published in 1987. Comprehensive in scope, it addresses the relationship of the foreign relations law of the United States to international law.It is divided into three parts: jurisdiction, treaties, and sovereign immunity.

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    Jurisdiction - Tentative Draft No. 3
    Jurisdiction - Tentative Draft No. 3
    110 pages, 2017, #1R4FRLJTD3

    Project Status at a Glance  xv

    Foreword  xvii

    Reporters’ Memorandum  xxi

    Projected Overall Table of Contents  xxiii

    Introduction  1

    PART I

    GENERAL CONCEPT OF JURISDICTION

    Introductory Note  3

    § 101. Categories of Jurisdiction  4

    PART II

    PRESCRIPTION

    Chapter 1

    EXERCISE OF PRESCRIPTIVE JURISDICTION BY THE UNITED STATES

    § 203. Presumption Against Extraterritoriality  11

    § 204. Reasonableness in Interpretation  22

    PART III

    ADJUDICATION

    Chapter 2

    JURISDICTION TO ADJUDICATE IN CRIMINAL CASES

    § 311. Presence of the Defendant  27

    § 312. Extradition  32

    § 313. Mutual Legal Assistance in Criminal Matters  44

    PART IV

    ENFORCEMENT

    Introductory Note  51

    Chapter 1

    JURISDICTION TO ENFORCE IN GENERAL

    § 401. U.S. Practice with Respect to Jurisdiction to Enforce  53

    § 402. International Law Governing Jurisdiction to Enforce  58

    Chapter 2

    RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS
    IN THE UNITED STATES

    § 420. Judgments Denominated in Foreign Currency  65

    Appendix A. Black Letter of Tentative Draft No. 3  71

    Appendix B. Other Relevant Black-Letter Text  75

    Tentative Draft No. 3 contains Part I, General Concept of Jurisdiction; Part II, Prescription, Ch. 1. Exercise of Prescriptive Jurisdiction by the United States; Part III, Adjudication Ch. 2. Jurisdiction to Adjudicate in Criminal Cases; Part IV, Enforcement, Ch. 1 Jurisdiction to Enforce in General. The draft was approved by the membership at the 2017 Annual Meeting, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published. Membership approval marks the completion of the Jurisdiction portion of the project.

    110 pages, 2017, #1R4FRLJTD3E

    Project Status at a Glance  xv

    Foreword  xvii

    Reporters’ Memorandum  xxi

    Projected Overall Table of Contents  xxiii

    Introduction  1

    PART I

    GENERAL CONCEPT OF JURISDICTION

    Introductory Note  3

    § 101. Categories of Jurisdiction  4

    PART II

    PRESCRIPTION

    Chapter 1

    EXERCISE OF PRESCRIPTIVE JURISDICTION BY THE UNITED STATES

    § 203. Presumption Against Extraterritoriality  11

    § 204. Reasonableness in Interpretation  22

    PART III

    ADJUDICATION

    Chapter 2

    JURISDICTION TO ADJUDICATE IN CRIMINAL CASES

    § 311. Presence of the Defendant  27

    § 312. Extradition  32

    § 313. Mutual Legal Assistance in Criminal Matters  44

    PART IV

    ENFORCEMENT

    Introductory Note  51

    Chapter 1

    JURISDICTION TO ENFORCE IN GENERAL

    § 401. U.S. Practice with Respect to Jurisdiction to Enforce  53

    § 402. International Law Governing Jurisdiction to Enforce  58

    Chapter 2

    RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS
    IN THE UNITED STATES

    § 420. Judgments Denominated in Foreign Currency  65

    Appendix A. Black Letter of Tentative Draft No. 3  71

    Appendix B. Other Relevant Black-Letter Text  75

    Tentative Draft No. 3 contains Part I, General Concept of Jurisdiction; Part II, Prescription, Ch. 1. Exercise of Prescriptive Jurisdiction by the United States; Part III, Adjudication Ch. 2. Jurisdiction to Adjudicate in Criminal Cases; Part IV, Enforcement, Ch. 1 Jurisdiction to Enforce in General. The draft was approved by the membership at the 2017 Annual Meeting, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published. Membership approval marks the completion of the Jurisdiction portion of the project.

     
  •  
    Immunity - Tentative Draft No. 3
    Immunity - Tentative Draft No. 3
    100 pages, 2017, #1R4FRLITD3

    Project Status at a Glance  xv

    Foreword  xvii

    Reporters’ Memorandum  xxi

    Proposed Overall Table of Contents  xxv

    Chapter 5

    IMMUNITY OF STATES FROM JURISDICTION

    SUBCHAPTER A. IMMUNITY OF FOREIGN STATES FROM JURISDICTION TO ADJUDICATE

    Introductory Note  1

    § 452. Definition of Foreign State:  Law of the United States  12

    § 454. Claims Based upon Commercial Activity  25

    § 457. Claims in Noncommercial Tort  40

    § 464. Execution or Other Enforcement of Judgment Against Foreign State:

                Law of the United States  48

    Appendix A. Black Letter of Tentative Draft No. 3  65

    Appendix B. Other Relevant Black-Letter Text  69

    Tentative Draft No. 3 contains a portion of Chapter 5, Immunity of Foreign States from Jurisdiction to Adjudicate. The draft was approved by the membership at the 2017 Annual Meeting, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published. Membership approval marks the completion of the Sovereign Immunity portion of the project.

    100 pages, 2017, #1R4FRLITD3E

    Project Status at a Glance  xv

    Foreword  xvii

    Reporters’ Memorandum  xxi

    Proposed Overall Table of Contents  xxv

    Chapter 5

    IMMUNITY OF STATES FROM JURISDICTION

    SUBCHAPTER A. IMMUNITY OF FOREIGN STATES FROM JURISDICTION TO ADJUDICATE

    Introductory Note  1

    § 452. Definition of Foreign State:  Law of the United States  12

    § 454. Claims Based upon Commercial Activity  25

    § 457. Claims in Noncommercial Tort  40

    § 464. Execution or Other Enforcement of Judgment Against Foreign State:

                Law of the United States  48

    Appendix A. Black Letter of Tentative Draft No. 3  65

    Appendix B. Other Relevant Black-Letter Text  69

    Tentative Draft No. 3 contains a portion of Chapter 5, Immunity of Foreign States from Jurisdiction to Adjudicate. The draft was approved by the membership at the 2017 Annual Meeting, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published. Membership approval marks the completion of the Sovereign Immunity portion of the project.

     
  •  
    Treaties - Tentative Draft No. 2
    Treaties - Tentative Draft No. 2
    140 pages, 2017, #1R4FRLTTD2

    Project Status at a Glance  xv

    Foreword  xvii

    Reporters’ Memorandum  xxi

    Chapter 2

    Status of TREATIES IN UNITED STATES LAW

    § 102. Capacity and Authority to Conclude International Agreements  1

    § 104. Entry into Force of International Agreements  10

    § 105. Reservations and Other Conditions  29

    § 106. Interpretation of Treaties  40

    § 110. Self-Executing and Non-Self-Executing Treaty Provisions  57

    § 111. Private Enforcement of Treaties  82

    § 112. Relationship of Treaty Power to Federalism  89

    § 113. Authority to Suspend, Terminate, or Withdraw from Treaties  99

    Appendix A. Black Letter of Tentative Draft No. 2  111

    Appendix B. Other Relevant Black-Letter Text  115

    Tentative Draft No. 2 contains Chapter 2, Status of Treaties in United States Law. The draft was approved by the membership at the 2017 Annual Meeting, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published. Membership approval marks the completion of the Treaties portion of the project.

    140 pages, 2017, #1R4FRLTTD2E

    Project Status at a Glance  xv

    Foreword  xvii

    Reporters’ Memorandum  xxi

    Chapter 2

    Status of TREATIES IN UNITED STATES LAW

    § 102. Capacity and Authority to Conclude International Agreements  1

    § 104. Entry into Force of International Agreements  10

    § 105. Reservations and Other Conditions  29

    § 106. Interpretation of Treaties  40

    § 110. Self-Executing and Non-Self-Executing Treaty Provisions  57

    § 111. Private Enforcement of Treaties  82

    § 112. Relationship of Treaty Power to Federalism  89

    § 113. Authority to Suspend, Terminate, or Withdraw from Treaties  99

    Appendix A. Black Letter of Tentative Draft No. 2  111

    Appendix B. Other Relevant Black-Letter Text  115

    Tentative Draft No. 2 contains Chapter 2, Status of Treaties in United States Law. The draft was approved by the membership at the 2017 Annual Meeting, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published. Membership approval marks the completion of the Treaties portion of the project.

     
  •  
    Jurisdiction - Tentative Draft No. 2
    Jurisdiction - Tentative Draft No. 2 - PDF
    159 pages, 2016, #1R4FRLJTD2

    Project Status at a Glance    xv

    Foreword            xvii

    Reporters’ Memorandum      xxi

    Projected Overall Table of Contents     xxv

    Part II - PRESCRIPTION

    Chapter 1 - EXERCISE OF PRESCRIPTIVE JURISDICTION BY THE UNITED STATES

    Introductory Note           1

    § 201.    U.S. Practice with Respect to Jurisdiction to Prescribe     3

    § 202.    Federal Constitutional Limits       20

    § 203.    Presumption Against Extraterritoriality  25

    § 204.    Reasonableness in Interpretation            35

    § 205.    Interpretation Consistent with International Law              40

    Chapter 2 - CUSTOMARY INTERNATIONAL LAW GOVERNING JURISDICTION TO PRESCRIBE

    § 211.    Customary International Law Governing Jurisdiction to Prescribe              43

    § 212.    Jurisdiction Based on Territory   51

    § 213.    Jurisdiction Based on Effects       54

    § 214.    Jurisdiction Based on Active Personality                58

    § 215.    Jurisdiction Based on Passive Personality              62

    § 216.    Jurisdiction Based on the Protective Principle     64

    § 217.    Universal Jurisdiction     66

     

    Chapter 3 - EFFECT OF FOREIGN EXERCISES OF PRESCRIPTIVE JURISDICTION

    § 221.    Act of State Doctrine      75

    § 222.    Foreign-State Compulsion           91

    Part III - ADJUDICATION

    Introductory Note  99

    Chapter 1 - JURISDICTION TO ADJUDICATE IN CIVIL CASES

    § 301.    Subject-Matter Jurisdiction         101

    § 302.    Personal Jurisdiction       109

    § 303.    Service of Process           119

    § 304.    Forum Non Conveniens                124

    § 305.    Antisuit Injunctions         140

    § 306.    Obtaining Evidence in Civil Proceedings 144

    Appendix A. Black Letter of Tentative Draft No. 2              151

    Appendix B. Other Relevant Black-Letter Text    157

    Tentative Draft No. 2 contains Chapters 1 through 3 of Part II, Prescription, and Chapter 1 of Part III, Adjudication. Section 204 in Part II, Chapter 2, of the draft was presented for discussion only; all other Sections were presented for approval. The draft was approved by the membership at the 2016 Annual Meeting, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

    159 pages, 2016, #1R4FRLJTD2E

    Project Status at a Glance    xv

    Foreword            xvii

    Reporters’ Memorandum      xxi

    Projected Overall Table of Contents     xxv

    Part II - PRESCRIPTION

    Chapter 1 - EXERCISE OF PRESCRIPTIVE JURISDICTION BY THE UNITED STATES

    Introductory Note           1

    § 201.    U.S. Practice with Respect to Jurisdiction to Prescribe     3

    § 202.    Federal Constitutional Limits       20

    § 203.    Presumption Against Extraterritoriality  25

    § 204.    Reasonableness in Interpretation            35

    § 205.    Interpretation Consistent with International Law              40

    Chapter 2 - CUSTOMARY INTERNATIONAL LAW GOVERNING JURISDICTION TO PRESCRIBE

    § 211.    Customary International Law Governing Jurisdiction to Prescribe              43

    § 212.    Jurisdiction Based on Territory   51

    § 213.    Jurisdiction Based on Effects       54

    § 214.    Jurisdiction Based on Active Personality                58

    § 215.    Jurisdiction Based on Passive Personality              62

    § 216.    Jurisdiction Based on the Protective Principle     64

    § 217.    Universal Jurisdiction     66

     

    Chapter 3 - EFFECT OF FOREIGN EXERCISES OF PRESCRIPTIVE JURISDICTION

    § 221.    Act of State Doctrine      75

    § 222.    Foreign-State Compulsion           91

    Part III - ADJUDICATION

    Introductory Note  99

    Chapter 1 - JURISDICTION TO ADJUDICATE IN CIVIL CASES

    § 301.    Subject-Matter Jurisdiction         101

    § 302.    Personal Jurisdiction       109

    § 303.    Service of Process           119

    § 304.    Forum Non Conveniens                124

    § 305.    Antisuit Injunctions         140

    § 306.    Obtaining Evidence in Civil Proceedings 144

    Appendix A. Black Letter of Tentative Draft No. 2              151

    Appendix B. Other Relevant Black-Letter Text    157

    Tentative Draft No. 2 contains Chapters 1 through 3 of Part II, Prescription, and Chapter 1 of Part III, Adjudication. Section 204 in Part II, Chapter 2, of the draft was presented for discussion only; all other Sections were presented for approval. The draft was approved by the membership at the 2016 Annual Meeting, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

     
  •  
    Immunity - Tentative Draft No. 2
    Immunity - Tentative Draft No. 2
    68 pages, 2016, #1R4FRLITD2

    Project Status at a Glance       xv

    Foreword        xvii

    Reporters’ Memorandum        xxi

    Proposed Table of Contents   xxiii

     

    Chapter 5 Immunity of States From Jurisdiction

    Subchapter A. Immunity of Foreign States From Jurisdiction to Adjudicate

    § 455. Claims Concerning Property Taken in Violation of International Law: Law of the

               United States   1

    § 456. Claims Based on Rights to Property in the United States:

                Law of the United States       11

    § 459. Claims in Admiralty: Law of the United States          16

    § 461. Service of Process, Venue, Removal: Law of the United States        21

    § 462. Discovery: Law of the United States  29

    § 463. Default Judgment Against Foreign State: Law of the United States             33

    Appendix A. Black Letter of Tentative Draft No. 2  37

    Appendix B. Other Relevant Black-Letter Text        41

    Tentative Draft No. 2 contains a portion of Chapter 5, Immunity of Foreign States from Jurisdiction to Adjudicate (§§ 455-456, 459, 461-463). The draft was approved by the membership at the 2016 Annual Meeting, subject to the discussion at the Meeting and to the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

    68 pages, 2016, #1R4FRLITD2E

    Project Status at a Glance       xv

    Foreword        xvii

    Reporters’ Memorandum        xxi

    Proposed Table of Contents   xxiii

     

    Chapter 5 Immunity of States From Jurisdiction

    Subchapter A. Immunity of Foreign States From Jurisdiction to Adjudicate

    § 455. Claims Concerning Property Taken in Violation of International Law: Law of the

               United States   1

    § 456. Claims Based on Rights to Property in the United States:

                Law of the United States       11

    § 459. Claims in Admiralty: Law of the United States          16

    § 461. Service of Process, Venue, Removal: Law of the United States        21

    § 462. Discovery: Law of the United States  29

    § 463. Default Judgment Against Foreign State: Law of the United States             33

    Appendix A. Black Letter of Tentative Draft No. 2  37

    Appendix B. Other Relevant Black-Letter Text        41

    Tentative Draft No. 2 contains a portion of Chapter 5, Immunity of Foreign States from Jurisdiction to Adjudicate (§§ 455-456, 459, 461-463). The draft was approved by the membership at the 2016 Annual Meeting, subject to the discussion at the Meeting and to the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

     
  •  
    Treaties - Tentative Draft No. 1
    Treaties - Tentative Draft No. 1
    32 pages, 2016, #1R4FRLTTD1

    Foreword            xv

    Reporters’ Memorandum            xix

    Projected Table of Contents       xxi

    CHAPTER 2 STATUS OF TREATIES IN UNITED STATES LAW

    § 101. Treaties as Law of the United States          1

    § 103. Approval of Treaties Under the U.S. Constitution                 4

    § 107. Relationship of Treaties to Individual Constitutional Rights               11

    § 108. Conflicts Between Treaties and State or Local Law               16

    § 109. Conflicts Between Treaties and Federal Statutes  22

    Appendix. Black Letter of Tentative Draft No. 1  31

    Tentative Draft No. 1 contains Chapter 2, Status of Treaties in United States Law (§§ 101, 103, 107-109). The draft was approved by the membership at the 2016 Annual Meeting, subject to the discussion at the Meeting and to the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

    32 pages, 2016, #1R4FRLTTD1E

    Foreword            xv

    Reporters’ Memorandum            xix

    Projected Table of Contents       xxi

    CHAPTER 2 STATUS OF TREATIES IN UNITED STATES LAW

    § 101. Treaties as Law of the United States          1

    § 103. Approval of Treaties Under the U.S. Constitution                 4

    § 107. Relationship of Treaties to Individual Constitutional Rights               11

    § 108. Conflicts Between Treaties and State or Local Law               16

    § 109. Conflicts Between Treaties and Federal Statutes  22

    Appendix. Black Letter of Tentative Draft No. 1  31

    Tentative Draft No. 1 contains Chapter 2, Status of Treaties in United States Law (§§ 101, 103, 107-109). The draft was approved by the membership at the 2016 Annual Meeting, subject to the discussion at the Meeting and to the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

     
  •  
    Jurisdiction - Tentative Draft No. 1
    Rest. 4th FRel Law of the US Jurisdiction TD No. 1 2014 PDF
    49 pages, 2014, #1R4FRLJTD1

    Jurisdiction - Tentative Draft No. 1 2014

    Softbound  | 1R4FRLJTD1  | 2014  | 49 pages  | $20.00  

    Foreword

    Reporters’ Memorandum

    Projected Overall Table of Contents

    Part IV ENFORCEMENT

    Chapter 1

    RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN THE UNITED STATES

    Introductory Note

    § 401. Recognition of Foreign Judgments

    § 402. Procedure to Obtain Recognition

    § 403. Mandatory Grounds for Nonrecognition

    § 404. Discretionary Grounds for Nonrecognition

    § 405. Burdens of Proof

    § 406. Enforcement of Foreign Judgments

    § 407. Claim and Issue Preclusion

    § 408. Foreign Injunctions

    § 409. Tax and Penal Judgments

    § 410. Judgments Involving Domestic Relations [omitted in this Draft]

    Appendix. Black Letter of Tentative Draft No. 1

    This draft covers Part IV Enforcement, Chapter 1 Recognition and Enforcement of Foreign Judgments in the United States (§§ 401-409). The draft was approved by the membership at the 2014 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

    49 pages, 2014, #1R4FRLJTD1E

    Jurisdiction - Tentative Draft No. 1 2014

    Softbound  | 1R4FRLJTD1  | 2014  | 49 pages  | $20.00  

    Foreword

    Reporters’ Memorandum

    Projected Overall Table of Contents

    Part IV ENFORCEMENT

    Chapter 1

    RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN THE UNITED STATES

    Introductory Note

    § 401. Recognition of Foreign Judgments

    § 402. Procedure to Obtain Recognition

    § 403. Mandatory Grounds for Nonrecognition

    § 404. Discretionary Grounds for Nonrecognition

    § 405. Burdens of Proof

    § 406. Enforcement of Foreign Judgments

    § 407. Claim and Issue Preclusion

    § 408. Foreign Injunctions

    § 409. Tax and Penal Judgments

    § 410. Judgments Involving Domestic Relations [omitted in this Draft]

    Appendix. Black Letter of Tentative Draft No. 1

    This draft covers Part IV Enforcement, Chapter 1 Recognition and Enforcement of Foreign Judgments in the United States (§§ 401-409). The draft was approved by the membership at the 2014 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

     
  •  
    Immunity - Tentative Draft No. 1
    Immunity - Tentative Draft No. 1
    50 pages, 2015, #1R4FRLITD1

     

    Foreword

    Proposed Table of Contents

    Reporters’ Memorandum

    Chapter 5 – Immunity of States from Jurisdiction Subchapter A. Immunity of Foreign States From Jurisdiction To Adjudicate

    § 451. Immunity of Foreign State from Jurisdiction to Adjudicate

    § 453. Waiver and Counterclaims

    § 458. Claims Arising from Agreements to Arbitrate: Law of the United States

    § 460. Claims Against State Sponsors of Terrorism: Law of the United States

    Appendix. Black Letter of Tentative Draft No. 1.    

    This draft contains Sections from Chapter 5, addressing the immunity of foreign states from jurisdiction to adjudicate.

    Sections 451, 453, 458, and 460 of Chapter 5 were approved by the membership at the 2015 Annual Meeting, subject to discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

    50 pages, 2015, #1R4FRLITD1E

     

    Foreword

    Proposed Table of Contents

    Reporters’ Memorandum

    Chapter 5 – Immunity of States from Jurisdiction Subchapter A. Immunity of Foreign States From Jurisdiction To Adjudicate

    § 451. Immunity of Foreign State from Jurisdiction to Adjudicate

    § 453. Waiver and Counterclaims

    § 458. Claims Arising from Agreements to Arbitrate: Law of the United States

    § 460. Claims Against State Sponsors of Terrorism: Law of the United States

    Appendix. Black Letter of Tentative Draft No. 1.    

    This draft contains Sections from Chapter 5, addressing the immunity of foreign states from jurisdiction to adjudicate.

    Sections 451, 453, 458, and 460 of Chapter 5 were approved by the membership at the 2015 Annual Meeting, subject to discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

     
  •  
    Treaties - Discussion Draft
    Treaties - Discussion Draft
    72 pages, 2015, #1R4FRLTDD

    Foreword

    Projected Table of Contents

    Reporters’ Memorandum

    Chapter 2 - Status of Treaties in United States Law

    § 101. Treaties as Law of the United States

    § 102. Approval of International Agreements as Treaties Under the U.S. Constitution

    § 103. Relationship of Treaties to Individual Constitutional Rights

    § 104. Conflicts Between Treaties and State or Local Law

    § 105. Conflicts Between Treaties and Federal Statutes

    § 106. Self-Executing and Non-Self-Executing Treaty Provisions

    Appendix. Black Letter of Discussion Draft

    This Discussion Draft takes up issues addressed by the Restatement Third in § 1 (International Law Defined), § 111 (International Law and Agreements as Law of the United States), § 114 (Interpretation of Federal Statute in Light of International Law or Agreement), § 115 (Inconsistency Between International Law or Agreement and Domestic Law: Law of the United States, § 303 (Authority to Make International Agreements: Law of the United States), and § 311 (Capacity and Authority to Conclude International Agreements). It was submitted, for discussion only, at the 2015 Annual Meeting. As planned, no vote was taken.

    72 pages, 2015, #1R4FRLTDDE

    Foreword

    Projected Table of Contents

    Reporters’ Memorandum

    Chapter 2 - Status of Treaties in United States Law

    § 101. Treaties as Law of the United States

    § 102. Approval of International Agreements as Treaties Under the U.S. Constitution

    § 103. Relationship of Treaties to Individual Constitutional Rights

    § 104. Conflicts Between Treaties and State or Local Law

    § 105. Conflicts Between Treaties and Federal Statutes

    § 106. Self-Executing and Non-Self-Executing Treaty Provisions

    Appendix. Black Letter of Discussion Draft

    This Discussion Draft takes up issues addressed by the Restatement Third in § 1 (International Law Defined), § 111 (International Law and Agreements as Law of the United States), § 114 (Interpretation of Federal Statute in Light of International Law or Agreement), § 115 (Inconsistency Between International Law or Agreement and Domestic Law: Law of the United States, § 303 (Authority to Make International Agreements: Law of the United States), and § 311 (Capacity and Authority to Conclude International Agreements). It was submitted, for discussion only, at the 2015 Annual Meeting. As planned, no vote was taken.