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Consider the Source: Evidence and Authority in the Fourth Restatement

Edward T. Swaine

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0024
Subject:
Law, Public International Law, Comparative Law

This chapter addresses the Fourth Restatement of Foreign Relations Law’s methodology for reckoning U.S. foreign relations law. The Fourth Restatement is a distinctive project: other recent American ... More


International Comity in the Fourth Restatement

William S. Dodge

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0015
Subject:
Law, Public International Law, Comparative Law

This chapter reflects on the treatment of international comity in the Third and Fourth Restatements of the Foreign Relations Law of the United States. International comity played a minor role in the ... More


Adjudicatory Jurisdiction and Public International Law: The Fourth Restatement’s New Approach

Austen Parrish

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0014
Subject:
Law, Public International Law, Comparative Law

This chapter explores how the Fourth Restatement of the Foreign Relations Law of the United States charts a new, unexpected path in the area of adjudicatory jurisdiction. The Fourth Restatement ... More


From the Third to the Fourth Restatement of Foreign Relations: The Rise and Potential Fall of Foreign Affairs Exceptionalism

G. Edward White

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0002
Subject:
Law, Public International Law, Comparative Law

This chapter traces and analyzes the course from the Third to the Fourth Restatement of Foreign Relations Law. It is primarily about why the Third Restatement, arguably the most authoritative ... More


The Fourth Restatement’s Treatment of International Law and Administrative Law

Jean Galbraith

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0005
Subject:
Law, Public International Law, Comparative Law

This chapter argues that there is a disconnect between foreign relations law in practice and its portrayal in the Fourth Restatement of the Foreign Relations Law. It considers two significant shifts ... More


Forum Non Conveniens in the Fourth Restatement

Donald Earl Childress

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0017
Subject:
Law, Public International Law, Comparative Law

This chapter analyzes the approach taken by the Fourth Restatement of the Foreign Relations Law of the United States to the forum non conveniens doctrine in light of the doctrine’s history and ... More


Sleeping Dogs: The Fourth Restatement and International Humanitarian Law

Ashley Deeks

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0023
Subject:
Law, Public International Law, Comparative Law

This chapter describes basic developments in U.S. domestic humanitarian law since the September 11 attacks. Important new rules emerged from domestic judicial decisions in several states in the ... More


The Waning of the Federal Common Law of Foreign Relations

Paul B. Stephan

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0008
Subject:
Law, Public International Law, Comparative Law

This chapter argues that concentrating authority in the federal judiciary to make foreign relations law in the absence of congressional enactments both ignores the capacity of the States to promote ... More


Can the Fourth Restatement of Foreign Relations Law Foster Legal Stability?

Jide Nzelibe

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0026
Subject:
Law, Public International Law, Comparative Law

This chapter examines whether the kind of legal stability one may expect the Fourth Restatement of Foreign Relations to foster is even feasible, and if it is, whether it is desirable. It makes two ... More


Reasonableness as a Limitation on the Extraterritorial Application of U.S. Law: From 403 to 405 (via 404)

Hannah Buxbaum and Ralf Michaels

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0013
Subject:
Law, Public International Law, Comparative Law

This chapter studies Section 405 of the Fourth Restatement of Foreign Relations Law. According to Section 405, “courts in the United States may interpret federal statutory provisions to include other ... More


Toward the Fifth Restatement of U.S. Foreign Relations Law: The Future of Adjudicative Jurisdiction under Public International Law

Pamela K. Bookman

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0016
Subject:
Law, Public International Law, Comparative 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 ... More


Foreign-Official Immunity under the Common Law

John B. Bellinger and Stephen K. Wirth

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0021
Subject:
Law, Public International Law, Comparative Law

This chapter looks at foreign-official immunity. Foreign-official immunity is divided into status-based immunity, which affords absolute immunity to sitting heads of state, heads of government, and ... More


Could the President Unilaterally Terminate All International Agreements?: Questioning Section 313

Harold Hongju Koh

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0003
Subject:
Law, Public International Law, Comparative Law

This chapter examines Section 313 of the Fourth Restatement of the Foreign Relations Law, regarding “Authority to Suspend, Terminate, or Withdraw from Treaties.” That provision states that “according ... More


The Fourth Restatement, International Law, and the “Terrorism” Exception to the Foreign Sovereign Immunities Act

Beth Stephens

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0019
Subject:
Law, Public International Law, Comparative Law

This chapter evaluates the “terrorism” exception to the Foreign Sovereign Immunities Act (FSIA). The Fourth Restatement of Foreign Relations Law of the United States sets out to “restate” the law of ... More


Restating The Charming Betsy as a Canon of Avoidance

Anthony J. Bellia and Bradford R. Clark

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0009
Subject:
Law, Public International Law, Comparative Law

This chapter examines the Charming Betsy canon, which was recognized by the Supreme Court more than two centuries ago and has since become a well-known tool of statutory construction. As formulated ... More


Personal Jurisdiction and Fifth Amendment Due Process Revisited

Chimène I. Keitner

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0010
Subject:
Law, Public International Law, Comparative Law

This chapter addresses the contested role of U.S. courts in adjudicating disputes with foreign elements. As a matter of domestic law, the Due Process Clauses in the U.S. Constitution constrain the ... More


The Jurisdictional Immunities of International Organizations: Recent Developments and the Challenges of the Future

David P. Stewart and Ingrid Wuerth

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0020
Subject:
Law, Public International Law, Comparative Law

This chapter focuses on developments in the law of international organization (IO) immunity, focusing on the United States. As international entities, IOs are generally entitled to some measure of ... More


Constitutional Authority for the Transboundary Deployment of Armed Force

Bakhtiyar Tuzmukhamedov

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0022
Subject:
Law, Public International Law, Comparative Law

This chapter assesses the formal constitutional framework of authorization of foreign deployments of uniformed personnel, both formed units and individual service members. The initial volume of the ... More


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