Academic journal article Proceedings of the Annual Meeting-American Society of International Law

Perspectives on the Restatement (Fourth) Project

Academic journal article Proceedings of the Annual Meeting-American Society of International Law

Perspectives on the Restatement (Fourth) Project

Article excerpt

The panel was convened at 9:00 a.m., Friday, April 10 by its moderator William S. Dodge of the University of California, Hastings College of the Law, who introduced the panelists: John Bellinger of Arnold & Porter LLP; Sarah Cleveland of Columbia Law School; Harold Hongju Koh of Yale Law School; Campbell Alan McLachlan of Victoria University of Wellington School of Law; and Paul Stephan of the University of Virginia Law School.

REMARKS BY WILLIAM S. DODGE *

Good morning, and welcome to this roundtable on the American Law Institute's (ALI) Restatement (Fourth) of Foreign Relations Law. My name is Bill Dodge. I am one of the reporters for the Fourth Restatement's project on jurisdiction and I will be moderating this morning's session. We have a very distinguished panel, and to save time I am going to introduce them only briefly.

Sarah Cleveland is Louis Henkin Professor of Human Rights and Constitutional Rights at Columbia Law School and a member of the UN Human Rights Committee. She is one of the coordinating reporters for the Fourth Restatement and a reporter for its project on treaties.

Paul Stephan is John C. Jeffries, Jr. Distinguished Professor of Law at the University of Virginia School of Law. He is the other coordinating reporter for the Fourth Restatement and a reporter for its project on jurisdiction.

Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. From 2009 to 2013 he served as Legal Adviser at the U.S. State Department. He is a member of the ALI Council and a Counselor to the Fourth Restatement.

John Bellinger is a partner at Arnold & Porter. From 2005 to 2009 he served as Legal Adviser at the U.S. State Department. And he is a Counselor to the Fourth Restatement.

Campbell McLachlan is Professor of Law at Victoria University of Wellington School of Law. He is a foreign adviser for the Fourth Restatement.

I also want to acknowledge the other reporters for the project who are in the room and absent: Curt Bradley, Ed Swaine, David Stewart, Ingrid Wuerth, and Anthea Roberts.

Before we turn to our panelists, I thought I would give a brief overview of the Fourth Restatement as a whole. As many of you know, the Third Restatement of Foreign Relations Law was completed in 1986 and published in 1987. It has been enormously influential over the past twenty-five years.

In 2012, the ALI Council approved three projects under the umbrella of the Fourth Restatement of Foreign Relations Law--a project on treaties, a project on jurisdiction, and a project on sovereign immunity--each with a separate set of reporters. In accordance with standard ALI practice, there is a group of advisers for each project as well as a members consultative group open to any ALI member.

In addition to these groups, the ALI has appointed a set of counselors, including Harold and John, and a set of foreign advisers, including Campbell. In other words, we are blessed with advice.

It is expected that these three projects will conclude in 2017. Obviously these projects do not cover all of the ground that the Third Restatement did. At this point, no decision has been made about whether to take up additional projects or whether to publish the existing projects separately or together.

This morning's session will proceed in three phases. First, Sarah, Paul, and I will briefly address some of the key challenges for each of the individual projects. Second, Harold, John, and Campbell will talk about some of the key challenges for the Restatement project overall. Third and finally, I have asked each of the five panelists to address the Restatement from a different perspective. There are many perspectives one could take on the projects and I have assigned one perspective to each of them. Along the way, we will engage in some discussion among the members of the panel. And at the end, of course, we will leave time for questions. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.