Jurisdictional Reasonableness Under Customary International Law: The Approach of the Restatement (Fourth) of Foreign Relations Law

62 Questions of International Law: Zoom-In 5 (2019)

UC Davis Legal Studies Research Paper Forthcoming

14 Pages Posted: 8 Nov 2019

See all articles by William S. Dodge

William S. Dodge

University of California, Davis - School of Law

Date Written: October 31, 2019

Abstract

This essay discusses the approach to jurisdictional reasonableness under customary international law in the Restatement (Fourth) of Foreign Relations Law. The Restatement (Fourth) rejects the Restatement (Third)’s case-by-case approach to reasonableness, but it does not reject reasonableness. The Restatement (Fourth) incorporates reasonableness at the level of customary international law by requiring a “genuine connection” between the subject of the regulation and the State seeking to regulate. The Restatement (Fourth) further incorporates reasonableness at the level of US domestic law through the presumption against extraterritoriality and the principle of reasonableness in interpretation, which limit the reach of US law beyond what customary international law requires. Finally, the essay defends the unilateral character of the Restatement (Fourth)’s approach to jurisdictional reasonableness.

Suggested Citation

Dodge, William S., Jurisdictional Reasonableness Under Customary International Law: The Approach of the Restatement (Fourth) of Foreign Relations Law (October 31, 2019). 62 Questions of International Law: Zoom-In 5 (2019), UC Davis Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3483223

William S. Dodge (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

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