Reasonableness in the Restatement (Fourth) of Foreign Relations Law
19 Pages Posted: 16 May 2019
Date Written: April 16, 2019
Abstract
This symposium essay compares the different conceptions of reasonableness in the Restatement (Third) of Foreign Relations Law and the Restatement (Fourth) of Foreign Relations Law. Part I discusses Section 403 of the Restatement (Third), recounting its origins and the subsequent failure of courts in the United States and abroad to embrace its case-by-case approach. Part II describes the principles of reasonableness found in the Restatement (Fourth), including customary international law’s “genuine connection” requirement, the presumption against extraterritoriality, and the principle of reasonableness in interpretation. Part III offers a brief evaluation of the different approaches to reasonableness, concluding that the Restatement (Fourth)’s provison-by-provision approach is preferable.
Keywords: reasonableness, foreign relations law, Section 403, genuine connection, presumption against extraterritoriality, reasonableness in interpretation, comity
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