Summer 2018

The American Law Institute will publish its Fourth Restatement of the Foreign Relations Law of the United States.

This month, the American Law Institute will publish its Fourth Restatement of the Foreign Relations Law of the United States. The new restatement, compiled by some of the most prominent scholars and practitioners in the field, comes more than thirty years after the last restatement on the subject.  Even before publication, the new restatement is generating some controversy, which will have particular resonance in the BHR field, due to its assertion that “with the significant exception of various forms of immunity, modern customary international law generally does not impose limits on jurisdiction to adjudicate.” Some have questioned whether this reflects settled law or creates new law.  We will comment further in due course.