Agora: Reflections on RJR Nabisco v. European Community - Private Litigation as a Foreign Relations Problem

110 American Journal of International Law Unbound 40 (2016)

Virginia Public Law and Legal Theory Research Paper 2016-46

6 Pages Posted: 24 Aug 2016

See all articles by Paul B. Stephan

Paul B. Stephan

University of Virginia School of Law

Date Written: August 23, 2016

Abstract

In RJR Nabisco v. European Community, the Court added an exclamation point to a long term trend in its jurisprudence. It believes, this trend indicates, that private civil suits pose specific foreign relations issues, at least when the targets are foreign transactions and actors, to which the Court will respond by erecting barriers. To this general point the case adds an unsurprising, but still important codicil: These problems don’t go away when foreign states take advantage of the U.S. civil litigation system by acting as plaintiffs.

Suggested Citation

Stephan, Paul B., Agora: Reflections on RJR Nabisco v. European Community - Private Litigation as a Foreign Relations Problem (August 23, 2016). 110 American Journal of International Law Unbound 40 (2016); Virginia Public Law and Legal Theory Research Paper 2016-46. Available at SSRN: https://ssrn.com/abstract=2828172

Paul B. Stephan (Contact Author)

University of Virginia School of Law ( email )

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