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- Title
Jurisdiction, State Immunity, and Judgments in the Restatement (Fourth) of US Foreign Relation Law.
- Authors
Dodge, William S
- 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.
- Subjects
COMPARATIVE law; AMERICAN Law Institute; INTERNATIONAL relations; AMERICAN law; CUSTOMARY international law; INTERNATIONAL law; INVESTOR-state arbitration; INTERNATIONAL arbitration; U.S. states
- Publication
Chinese Journal of International Law, 2020, Vol 19, Issue 1, p101
- ISSN
1540-1650
- Publication type
Article
- DOI
10.1093/chinesejil/jmaa004