Jurisdiction in the Fourth Restatement of Foreign Relations Law

18 Yearbook of Private International Law 143 (2017)

UC Davis Legal Studies Research Paper

28 Pages Posted: 24 May 2017 Last revised: 7 Sep 2017

William S. Dodge

University of California, Davis - School of Law

Date Written: May 23, 2017

Abstract

This essay for the Yearbook of Private International Law discusses the draft Fourth Restatement of Foreign Relations Law on the topic of jurisdiction. The essay describes the Fourth Restatement’s division of jurisdiction into the three categories of jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce. It covers the principal developments in each category since publication of the Third Restatement in 1987, including the revival of the presumption against extraterritoriality. The essay also notes the Fourth Restatement’s emphasis on distinguishing clearly between domestic law and international law, which has resulted in the Fourth Restatement giving greater coverage to the U.S. domestic law of jurisdiction than the Third Restatement did.

Keywords: foreign relations law, jurisdiction

Suggested Citation

Dodge, William S., Jurisdiction in the Fourth Restatement of Foreign Relations Law (May 23, 2017). 18 Yearbook of Private International Law 143 (2017); UC Davis Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2972612 or http://dx.doi.org/10.2139/ssrn.2972612

William S. Dodge (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

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