U.S. Supreme Court,
Judges and Judiciary,
International Law
Mar. 7, 2018
Are US courts bound to defer to foreign governments?
The Supreme Court is weighing whether the process of determining foreign law should be different when the information given to the court includes a foreign government agency's interpretation of foreign law.
Christopher A. Whytock
Professor
UC Irvine School of Law
Christopher is an associate reporter of the American Law Institute's Restatement (Third) of Conflict of Laws. He writes in his personal capacity. The views expressed here should not be taken to represent the views of the American Law Institute.
OCTOBER 2017 TERM
The laws of foreign countries frequently play an important role in litigation in U.S. courts. In some cases, when litigation involves foreign parties or events that occurred outside the United States, choice-of-law rules may require courts to apply foreign law. In other cases, choice-of-law clauses in contracts may state that foreign law governs a dispute. In still other cases, U.S. law governs, but its application depends on...
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