U.S. Supreme Court,
International Law
Jul. 11, 2018
American courts owe respect to foreign court interpretations, but need not defer
In its October 2017 term, the U.S. Supreme Court considered the amount of deference U.S. courts should give to foreign government interpretations 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
Are U.S. courts bound to defer to foreign governments when determining the meaning of foreign law? In its unanimous June 14, 2018 opinion in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., the U.S. Supreme Court held that the answer is no. 2018 DJDAR 5671.
The Animal Science case involves price-fixing claims agai...
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