International Decision, Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (U.S. 2018)

112 AM. J. INT’L L. __ Forthcoming

UCLA School of Law, Public Law Research Paper No. 18-38

8 Pages Posted: 15 Oct 2018 Last revised: 12 Aug 2019

See all articles by Kristen Eichensehr

Kristen Eichensehr

University of Virginia School of Law

Date Written: September 19, 2018

Abstract

When a foreign country's law is relevant to a case in U.S. federal court and the foreign country files an official statement about the meaning of its law, how should U.S. courts treat the foreign government's representations? In Animal Science Products, Inc. v. Hebei Welcome Pharmaceuticals Co., the Supreme Court of the United States held that "[a] federal court should accord respectful consideration to a foreign government's submission, but is not bound to accord conclusive effect to the foreign government's statements". The Supreme Court settled a circuit split and reversed a Second Circuit opinion that had given conclusive effect to the Chinese government's representations about its domestic law. Animal Science Products provides important guidance to federal courts faced with increasingly frequent filings by foreign governments, but it leaves unresolved significant questions about deference to foreign sovereign amici and preserves existing debates about the nature of "respectful consideration".

Keywords: Supreme Court, Deference, Skidmore, Amicus, Amici, Foreign Sovereign Amici, Chevron, Federal Rules of Civil Procedure

Suggested Citation

Eichensehr, Kristen, International Decision, Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (U.S. 2018) (September 19, 2018). 112 AM. J. INT’L L. __ Forthcoming, UCLA School of Law, Public Law Research Paper No. 18-38, Available at SSRN: https://ssrn.com/abstract=3260645

Kristen Eichensehr (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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