1 Courts and Foreign Affairs
Curtis A. Bradley
- Act of state — Foreign relations law — Forum non conveniens — Immunity from jurisdiction, states — Jurisdiction of states, adjudicative — Specific courts and tribunals — Specific Courts and Tribunals — Customary international law — Peremptory norms / ius cogens — Choice of law
This chapter provides an overview of some of the constitutional, statutory, and common law doctrines that govern the adjudication of foreign affairs–related disputes in the United States. These doctrines include requirements for federal court jurisdiction, “justiciability” limitations such as the political question doctrine, the Erie doctrine concerning federal court application of state law, and the common law “act of state” doctrine. The chapter also discusses more general interpretive principles such as the Charming Betsy canon of construction and deference to the executive branch. The chapter concludes by briefly describing the constitutional authority of U.S. government institutions other than the courts, including the situations in which state law that concerns foreign affairs will be preempted.