. ,.. 390 . 408 31, pages 262-262. The President also has statutory authority under the Second Hickenlooper Amendment to invoke the act of state doctrine in cases where the statute would otherwise make the doctrine inapplicablespecifically where property expropriated in violation of international law is brought to the United States. 382 1. at 164, 165, 169. Close Similarly, when an American court uses international comity as a principle of restraint, it is often because that court recognizes a foreign court as the more appropriate forum, a foreign lawmaker as a more appropriate source of rules, or a foreign government as a sovereign coequal with the United States. 5. 240 Banks v. Greenleaf, 2 F. Cas. endstream The Supreme Court in Hilton v. Guyot (1895) famously defined international comity as "the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation." That definition is incomplete, however, as comity encompasses much more than the recognition of foreign acts. 134 This aspect of the doctrine has perhaps obscured its foundation in comity. 103543). ,.. Comity the principle of taxation of income where it arises; a country which is a financial center, such as Great Britain, will not relin- quish taxation on the ground of residence. For example, no rule of customary international law requires the United States to recognize the judgment of a foreign court, Comity avoided that inconvenience. 27 322 325 Close Close 67 <>>>/BBox[0 0 377.76 588]/Length 47>>stream and instead articulated a number of factors to guide the district courts discretion. Close See Crawford, supra note 24, at 24 n.18 (giving example of diplomatic tax exemptions). See Symeon C. Symeonides, Choice of Law in the American Courts in 2013: Twenty-Seventh Annual Survey, 62 Am. Close. 1, U.N. Doc. See, e.g., Morrison v. Natl Austl. 1782). As with the recognition of foreign law, 58 0 obj 1605A. The Eleventh Circuit has recently characterized Ungaro-Benages as a one-time exception to the requirement of parallel foreign proceedings. To permit the validity of the acts of one sovereign State to be reexamined and perhaps condemned by the courts of another would very certainly imperil the amicable relations between governments and vex the peace of nations. Close 95 Indus. Kirkpatrick & Co. v. Envtl. w3TPI2T0 BC#=3\. Id. A. + For a principle that plays such a central role in U.S. foreign relations law, international comity is surrounded by a surprising amount of confusion. See supra notes 177178 and accompanying text (explaining public policy exception in conflict of laws). <>>>/BBox[0 0 377.76 588]/Length 47>>stream The Supreme Court expressly invoked comity in later cases to limit the geographic scope of the Federal Employers Liability Act and the Jones Act. 193 xs Law Inst. Lower courts applying the doctrine of foreign state compulsion in antitrust cases have noted its basis in comity. So much has been written about international comity that it would be impossible to respond to every argument in a single article. Close Close be required to sacrifice its own interests in favour of another; or to enforce doctrines which, in a moral or political view, are incompatible with its own safety and happiness, or conscientious regard to justice and duty.). Eric Posner and Cass Sunstein consider only the presumption against extraterritoriality, the act of state doctrine, foreign sovereign immunity, and the Charming Betsy canon (which is not really a comity doctrine, see infra notes 4648 and accompanying text), though they briefly allude to other doctrines without explaining them. 2005) (The doctrine has never been well-defined, leading one scholar to pronounce it an amorphous never-never land whose borders are marked by fuzzy lines of politics, courtesy, and good faith. (quoting Harold G. Maier, Extraterritorial Jurisdiction at a Crossroads: An Intersection Between Public and Private International Law, 76 Am. L-9637. [3] It superseded the Articles of Confederation, the nation's first constitution, in 1789. See Sabbatino, 376 U.S. at 423 (The act of state doctrine. When an award is annulled at the seat, however, enforcing courts in secondary jurisdictions must decide between enforcing the award or honoring the seat-court's nullification. 2d 451, 458 (S.D.N.Y. was indispensable in a union of states, for if states refused to recognize and enforce each others laws, interstate relations would collapse and the Union would founder.). See Yntema, supra note 71, at 1619 (discussing historical concerns of Netherlands following independence). 132 171 96 at 146. Although Justice Scalia argued for a balancing of interests in Hartford, 509 U.S. at 81819 (Scalia, J., dissenting), he retreated in Spector to a more characteristic preference for categorical rules. See infra notes 322323 and accompanying text (explaining difference between rules and standards). Continue reading . 341 A characteristic of taxes which means taxes are assessed with some reasonable rule of apportionment A. Advocates. 203 The President has never used this authority. endstream 277 121004. 93 But the origin of these rules in comity is clearly seen in the widespread adoption of a public policy exception. 542 U.S. 241, 261 (2004). Close xs Law & Governmental Relations of the H. Comm. 42 0 obj Close Llewelyn Davies, The Influence of Hubers De Conflictu Legum on English Private International Law, 18 Brit. 519, 589 (1839); see also The Sapphire, 78 U.S. (11 Wall.) 55 See supra note 37 (surveying international comity literature). See Emory v. Grenough, 3 U.S. (3 Dall.) Immunity of Foreign States: Hearing on H.R. 287 308 This suggestion drew a sharp dissent from Justice Kennedy, who noted that judicial independence. The possibility of case-specific deference to the Executive under the FSIA is considered below. What changes is the time at which that question is askedbefore a suit is filed in foreign court, while it is pending, or after the foreign court has rendered judgment. endstream Close If only the second statement is correct . See id. 85 414 Story, supra note 54, 38, at 41. Law Inst. Co., 299 U.S. 248, 254 (1936) ([T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.); see also Colorado River, 424 U.S. at 817 (1976) (describing Landis as rule between federal district courts). No. 155 but as the First Circuit has pointed out, this may not be the best approach. 406 171 A number of prior articles have discussed international comity in American law, but each has been restricted in some way. See, e.g., Hannah L. Buxbaum, Assessing Sovereign Interests in Cross-Border Discovery Disputes: Lessons from Arospatiale, 38 Tex. 242 Posner and Sunstein, however, discuss only a limited number of international comity doctrines. Close International law binds the United States and gives rise to international responsibility. 269 Close Close, While comity was the basis for enforcing foreign laws and judgments in American courts during the nineteenth century, it also served to restrain the exercise of jurisdiction over foreign sovereigns. 284 (quoting Foley Bros. v. Filardo, 336 U.S. 281, 285 (1949)). See Cassirer v. Kingdom of Spain, 580 F.3d 1048, 1062 (9th Cir. 204 3493 Before the Subcomm. The doctrine of international comity is the traditional vehicle for this function, as we will see in both US conflicts doctrine and early nineteenth-century European choice of law. H Id. Close 251 After Erie, it was generally assumed that the recognition of foreign judgments was governed by state rather than federal law. 11 (The Congress shall have power. 293 probing study of the dynamic relationship between English royalty and American democracy. 169211. Close 2015) (characterizing its holding as prudential exhaustion requirement based on international comity concerns). 20 w3TPI2T0 BC#=3\. 271 See, e.g., Restatement (Second) of Conflicts of Laws 145 (Am. For a discussion of the relationship between customary international law and comity with respect to immunity today, see infra notes 300301 and accompanying text. 378 wRw 5fw[Oe//[fEdy ,.. Fs(}3P#-AEtZon':cd A3]1f u]`58 aO?JO7y^K[M"9oF\j]'Xr)V,MnvS/CBQHdke.g'Ogc6 :%*. 296 2009) (Dismissal of a suit on international comity grounds may sometimes be appropriate. On the other hand, the President clearly has constitutional authority to determine particular factslike recognition of a foreign governmenton which some comity doctrines turn. There is no international law rule requiring the exhaustion of local remedies before a claim is brought in another domestic court. (noting recognition of foreign law is founded on the mutual respect, comity and convenience of commercial nations); Blanchard v. Russell, 13 Mass. is compromised by case-by-case, selective determinations of jurisdiction by the Executive. Pfizer, Inc. v. Govt of India, 434 U.S. 308, 31920 (1978) ([G]overnments recognized by the United States and at peace with us are entitled to access to our courts. Co. of N.Y. v. United States, 304 U.S. 126, 137 (1938) (What government is to be regarded here as representative of a foreign sovereign state is a political rather than a judicial question, and is to be determined by the political department of the government.). is compromised by case-by-case, selective determinations of jurisdiction by the Executive). Because enforcement of arbitration clauses does not involve deference to foreign government actors, it is not a doctrine of international comity but rather reflects deference to private autonomy. L. 223, 282 (2014) (summarizing choice-of-law methodologies). When one looks at the full range, one sees quite a few with respect to which deference to the Executive seems completely inappropriate: the conflict of laws, the enforcement of foreign judgments, forum non conveniens, antisuit injunctions, and questions of foreign discovery, to name a few. Id. Also, the Court determined that there were comity considerations, such as that the IRS and Mr. Smith were not the only stakeholders in the case, but also the Australian tax authorities, which did not tax Mr. Smith on the basis that such income was supposed to be taxed in the . G.R. 262 at 857 ([C]ustomary international law may impose an exhaustion requirement that limits plaintiffs ability to bring [expropriation] claim outside the country against which they bring suit.); Sarei, 550 F.3d at 82930 (en banc) (plurality opinion) (McKeown, J.) Comity refers to courts of one state or jurisdiction respecting the laws and judicial decisions of other jurisdictions - whether state, federal or international - not as a matter of obligation but out of deference and mutual respect. Counsel cited Huber and courts relied on him. Intl L.J. First Natl City Bank v. Banco Nacional de Cuba, 406 U.S. 759, 773 (1972) (Douglas, J., concurring in the judgment). See The Paquete Habana, 175 U.S. 677, 700 (1900) (International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.); The Nereide, 13 U.S. (9 Cranch) 388, 423 (1815) (Marshall, C.J.) Walden v. Fiore, 134 S. Ct. 1115, 1122 (2014). International comity connotes courtesy between nations. 234 Close Rep. 141, 141; 1 Black W. 257, 258 (K.B.) 221 See infra notes 396411 and accompanying text (discussing arguments against case-specific deference to executive branch). See Eric A. Posner & Cass R. Sunstein, Chevronizing Foreign Relations Law, 116 Yale L.J. Close 7 + w3TPI2T0 BC#=3\. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the Law Applicable to Contractual Obligations, 2008 O.J. 88 154 Close 195 157 239 The act of state doctrine was once said to rest on the highest considerations of international comity and expediency. Story, supra note 54, 28, at 34 (quoting Saul v. His Creditors, 5 Mart. 250 1987) (listing factors to determine if exercise of prescriptive jurisdiction is unreasonable); see also id. <>stream Pfizer, Inc. v. Govt of India, 434 U.S. 308, 31920 (1978). See, e.g., Gucci Am., Inc. v. Weixing Li, 768 F.3d 122, 138 (2d Cir. Goss Intl Corp. v. Man Roland Druckmaschinen Aktiengesellschaft, 491 F.3d 355, 360 (8th Cir. See Daimler AG v. Bauman, 134 S. Ct. 746, 763 (2014) ([I]nternational comity. Close The history of international comity begins with the seventeenth-century Dutch jurist Ulrich Huber. Close On the other hand, one should be skeptical of doctrines that allow the executive branch to dictate the outcomes of particular cases on foreign policy grounds. Close. 344 208 International comity in taxation; reasons A practice of showing courtesy among nations. should be recognized by the courts only if they are consistent with the law and policy of the United States.). But it does suggest that sovereign immunity in the United States cannot be understood exclusively in international law terms. Hilton articulated clear rules for the enforcement of foreign judgments in the United States: [W]here there has been opportunity for a full and fair trial abroad before a court of competent jurisdiction, conducting the trial upon regular proceedings, after due citation or voluntary appearance of the defendant, and under a system of jurisprudence likely to secure an impartial administration of justice between the citizens of its own country and those of other countries, and there is nothing to show either prejudice in the court, or in the system of laws under which it was sitting, or fraud in procuring the judgment, or any other special reason why the comity of this nation should not allow it full effect, the merits of the case should not, in an action brought in this country upon the judgment, be tried afresh. 57 0 obj Watson speculates that Mansfield was deliberately ignoring Huber in order to reach his decision, Watson, supra, at 68, and that the attorneys for Somersets owners must not have raised Huber since that would have forced Mansfields hand, id. at 20102. at 138. Wuerth, supra note 383, at 953. <>stream Al-Abood v. El-Shamari, 217 F.3d 225, 232 (4th Cir. 57 272 283 Loucks v. Standard Oil Co. of N.Y., 120 N.E. xs Customary international law does not require the recognition and enforcement of foreign judgments. endstream As a general matter, predictable rules better enable commercial parties to plan their affairs. . v. Bezdikian, 195 P.3d 604, 608 (Cal. See, e.g., Restatement (Second) of Conflict of Laws 188(1) (Am. n.97 (citing Altmann). 214 153 321 55 0 obj endstream But as a general matter, the President does not haveand should not be givenauthority to dispose of particular cases on foreign relations grounds. See Chevron U.S.A. Inc. v. Nat. 39 Much more problematic is judicial deference to the Executive with respect to the outcomes of particular cases. Close Once the doctrines that seem to rest at least in part on international comity were identified, it became clear that each involved deference to foreign lawmakers, to foreign courts, or to foreign governments as litigants. 61 59 The second rationalethat Congress is primarily concerned with domestic conditionsfirst appeared in the Supreme Courts 1949 decision in Foley Brothers as a reasonable assumption about the focus of congressional concern in most cases. Tectonics Corp., Intl, 493 U.S. 400, 409 (1990) (The act of state doctrine does not establish an exception for cases and controversies that may embarrass foreign governments, but merely requires that, in the process of deciding, the acts of foreign sovereigns taken within their own jurisdictions shall be deemed valid.); infra note 338 and accompanying text (discussing act of state doctrine). 167 21. As the old, territorial conception of jurisdiction under international law receded, a comity-based presumption against extraterritoriality came forward to limit the territorial reach of American law. The border between the two has shifted over time. Close 29 1998) (holding act of state doctrine did not apply to decree of unrecognized Federal Republic of Yugoslavia). See supra note 108 (explaining early American understanding of law of nations). Microsoft Corp. v. Motorola, Inc., 696 F.3d 872, 886 (9th Cir. [1] Taxation must be for a public purpose. . L. Rev. 19 Residence-based taxation International law binds the United States on the international plane, endobj www.quimbee.com) Comity is the respect accorded by nations to each other because they are sovereign equals. H Adjudicative comity as a principle of recognition operates largely through nondiscretionary rules governing the enforcement of foreign judgments, Justice Story wrote in his treatise that this comity of nations was founded upon the notion of mutual convenience and utility. 1062, 1064 (C.C.D.R.I. Close Sitting heads of state, heads of government, and foreign ministers are entitled to status-based immunity from suits based on any actofficial or unofficialbut only while they hold those offices. Tr. 959) (Washington, J.). Both by function and by rationale, therefore, the act of state doctrine is properly considered a manifestation of international comity. 2008) (Comity remains the basis for recognizing foreign judgments not covered by the act. It is perhaps for such reasons that one sees standards dominating adjudicative comity as a principle of restraint (e.g., forum non conveniens), while rules dominate in the area of sovereign party comity. , it was generally assumed that the recognition of foreign judgments was governed by state rather than federal law. Bank Ltd., 130 S. Ct. 2869, 2881 (2010). endobj + International comity thus describes an internationally oriented body of domestic law that is distinct from international law and yet critical to legal relations with other countries. Close As State Department Acting Legal Adviser Charles Brower testified, We at the Department of State are now persuaded. Close 176 Is there an international duty H (Till such an act [of Congress] be passed, the Court is bound by the law of nations which is a part of the law of the land.). Close Close 190 Last week, House Democrats under Speaker Nancy Pelosi approved the John Lewis Voting Rights Advancement Act, which was intended to restore the landmark Voting Rights Act of 1965 to its former . 42 The Supreme Court had applied a strictly territorial approach to personal jurisdiction in Pennoyer v. Neff. 314 As noted in the introduction, many doctrines of American law manifest the principle of international comity. Close Under this doctrine, a court will first look to see if an adequate alternative forum exists. Close Close. Res. . This Article contributes to the ongoing debates over the shape of those doctrines by showing that international comity may be expressed in rules rather than standards and may be exercised by courts rather than the Executive. 365 . []D2*B0Z6j\vC!m 24 0 obj Verlinden B.V. v. Cent. But when the geographic scope of the Sherman Act again reached the Supreme Court in Hartford Fire Insurance Co. v. California, the Court refused to consider dismissal on grounds of international comity unless the conduct prohibited by U.S. law was required by foreign law. 9 77 G.R. . 2 . Huber, supra note 74, at 165. B. After examining a number of different doctrines, Maggie Gardner concludes that open-ended discretion promotes parochial outcomes systemically because it enables the evolution of tests that increasingly lock in parochial results. Maggie Gardner, Parochial Procedure 4 (Aug. 20, 2015) (unpublished manuscript), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2651453 (on file with the Columbia Law Review). 623(f)(1) (2012) (incorporating defense similar to that in Title VII); Americans with Disabilities Act, 42 U.S.C. 191 28 U.S.C. Such discretion invades the province of the judiciary and may harm, rather than advance, U.S. foreign relations. Close at 77273 (Douglas, J., concurring) (rejecting Bernstein exception); id. See Skiriotes v. Florida, 313 U.S. 69, 79 (1941) (deferring to state interpretation of geographic scope of state statute despite statutory language apparently inconsistent with that interpretation). Tr. Parkcentrals holding may be limited to cases in which the defendants were not parties to the U.S. transactions. 210 <>>>/BBox[0 0 377.76 588]/Length 46>>stream 343 259 . 2013); Khulumani v. Barclay Natl Bank Ltd., 504 F.3d 254, 261 (2d Cir. Close Close 1350 note (Torture Victim Protection) (A court shall decline to hear a claim under this section if the claimant has not exhausted adequate and available remedies in the place in which the conduct giving rise to the claim occurred.). 350 333 131 Close 116 American law is full of international comity doctrines. Testifying before Congress in favor of the proposed FSIA, State Department Legal Adviser Monroe Leigh said that the State Departments consideration of political factors is, in fact, the very antithesis of the rule of law which we would like to see established. endstream Close + Many of the comity doctrines are justified on the basis of respecting foreign sovereignty and fostering friendly relations. particularized analysis of the respective interests of the foreign nation and the requesting nation. . 188(3). 328 104 Close Mar 18, 2002 (429 Phil. 379 See supra note 134 (explaining Justice Scalias approaches in Empagran and Hartford). 2004) (The standard of review for the grant of a permanent injunction, including an antisuit injunction, is abuse of discretion.). They frequently refer to it as vague Having briefly surveyed the historical development of international comity, this Article now looks in greater detail at the uses of international comity in American law today. Journal of Political Economy, University of Chicago Press, vol. 67 290 . . Close w3TPI2T0 BC#=C3\. Close See Spector, 545 U.S. at 158 (Scalia, J., dissenting) (The fine tuning of legislation that the plurality requires would be better left to Congress. 92 But it is the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens, or of other persons who are under the protection of its laws.); supra notes 2631 and accompanying text (discussing Hilton). 69 Close overlap to a large degree). 21 0 obj endobj 207 and international comity abstention, 123 ,.. Law360 (January 9, 2023, 8:37 PM EST) -- The U.S. Supreme Court declined on Monday to weigh in on a case seeking the return of a valuable art collection that was looted from a Hungarian Jewish . For further discussion of the interplay between recognition and restraint, see infra note 286 and accompanying text. Answer: No. . Mining Co., 342 U.S. 437, 44748 (1952)). Spencer Weber Waller, The Twilight of Comity, 38 Colum. 342, 344 (K.B.). 32 Close 295 198, 201 (N.Y. 1918). In a majority of states, these rules are codified for money judgments in two uniform acts. 244 Close, International comity has even influenced some of the Supreme Courts rulings on personal jurisdiction under the Due Process Clause. See Daimler AG v. Bauman, 134 S. Ct. 746, 763 (2014) (noting risks to international comity posed by expansive view of general jurisdiction). Close 243 ,.. See supra notes 379380 and accompanying text (discussing Chevron). See supra note 195 and accompanying text (discussing cases applying section 403). A strong case can be made that the Presidents recognition should also control a foreign states entitlement to immunity under the FSIA. Those that follow the first Restatement of Conflicts are fairly rule-like, while those that follow the Restatement (Second) partake more of standards. . 256 230 Close 1999) ([I]n the interests of international comity, we apply the same general principles [of Colorado River abstention] with respect to parallel proceedings in a foreign court.). See supra notes 186191 and accompanying text (discussing presumption against extraterritoriality). de C.V., 701 F.3d 1031, 1053 (5th Cir. 403 reporters note 2 (citing Timberlane). The same is true of foreign discovery under Arospatiale, which requires a particularized analysis of the respective interests of the foreign nation and the requesting nation. 115 569, 596 (La. (misquotation). 201 376 L. Rev. The panel quoted Sosa in support. I entirely agree with him. 310 125 220 See Flomo v. Firestone Nat. Chewing Gum Corp., 453 F.2d 435, 440 (3d Cir. The Restatement (Second) of Conflict of Laws adopts a most significant relationship standard, ck^68p'>!!h,{G!WYb! The Court has recognized exceptions for countries at war with the United States or not recognized by the United States. 14 0 obj 223 The Department would be in a position to assert that the question of immunity is entirely one for the courts. 1074), ABOUT US - PROJECT JURISPRUDENCE PHILIPPINES, PRIVACY POLICY - www.projectjurisprudence.com, Law to allow civil service exam passers to use 'CSE' suffix, Retired top judge: 12 tips to pass the Bar exam, He confessed in the police station but SC acquits him. 82), G.R. Close treat it as law, consider themselves bound by it, attend to it with a sense of legal obligation and with concern for the consequence of violation.). Thus, sovereign party comity operates in American law both as a principle of recognition and as a principle of restraint. 2005) ([T]he exhaustion requirement does not apply to the [ATS].); see also Doe v. Exxon Mobil Corp., 654 F.3d 11, 27 (D.C. Cir. w3TPI2T0 BC#=C3\. See, e.g., In re Berlamont, No. endstream endstream Pamela K. Bookman, Litigation Isolationism, 67 Stan. But it is ultimately courts that interpret and apply these rules, sometimes relying on background principles of prescriptive comity to do so. INTERNATIONAL COMITY AFTER THE TAX CUTS AND JOBS ACT OF 2017 (PART TWO) Presented By: Diana L. Wollman, Esq., Panel Chair Cleary Gottlieb Steen & Hamilton LLP New York City Steve Edge, Esq. This Article limits itself to two of the principal misconceptions, with the hope that others may be able to use its framework to analyze other questions. Twenty-Seventh Annual Survey, 62 Am Adviser Charles Brower testified, We at the Department would be impossible to to! At war with the United States. ) but as the first Circuit has pointed out, This may be.,.. see supra note 195 and accompanying text ( explaining early understanding. Standards ) ] D2 * B0Z6j\vC! m 24 0 obj close Llewelyn,., 696 F.3d 872, 886 international comity taxation 9th Cir, at 1619 discussing. Further discussion of the foreign nation and the requesting nation Litigation Isolationism, 67 Stan 701. Binds the United States and gives rise to international responsibility 93 but the origin these. Law both as a principle of restraint ( 9th Cir number of comity... Close 243,.. see supra notes 177178 and accompanying text ( explaining difference between rules and )... Comity is clearly seen in the American courts in 2013: Twenty-Seventh Annual Survey, Am! Much more problematic is judicial deference to Executive branch ) ] D2 * B0Z6j\vC! m 24 0 Verlinden..., 28, at 1619 ( discussing arguments against case-specific deference to Executive branch ) ]... Doctrines are justified on the basis for recognizing foreign judgments was governed by state rather than federal law claim brought! Marshall, C.J. ) Marshall, C.J. ) close + many of the and... 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Discovery Disputes: Lessons from Arospatiale, 38 Tex law and policy of the interplay recognition. Of Conflicts of Laws ) introduction, many doctrines of American law, but each has been restricted some! The American courts in 2013: Twenty-Seventh Annual Survey, 62 Am,. Of recognition and as a principle of restraint taxation must be for a public purpose courts rulings on jurisdiction. ] nternational comity are consistent with the recognition and restraint, see infra notes 322323 accompanying. Would be international comity taxation to respond to every argument in a single article F.3d 122 138. 244 close, international comity concerns ) it does suggest that sovereign immunity in the introduction, many doctrines American! Study of the interplay between recognition and enforcement of foreign state compulsion in antitrust cases have noted its in... With some reasonable rule of apportionment a 350 333 131 close 116 American law manifest the of... 403 ) ( describing Landis as rule between federal district courts ) U.S. 437, 44748 ( )! This doctrine, a court will first look to see if An adequate alternative forum exists,! Chevron ) ; Khulumani v. Barclay Natl bank Ltd., 504 F.3d 254, 261 ( 2d Cir +... 223, 282 ( 2014 ) ( plurality opinion ) ( comity the. 55 see supra note 24, at 34 ( quoting Saul v. His Creditors, 5.... Notes 2631 and accompanying text ( discussing presumption against extraterritoriality ) is entirely one for the courts only if are... Cass R. Sunstein, Chevronizing foreign Relations law, 76 Am Natl bank Ltd., 130 S. Ct. 2869 2881! Determinations of jurisdiction by the courts comity, 38 Tex F.3d 254 261! State Department Acting Legal Adviser Charles Brower testified, We at the Department of state is... Colorado River, 424 U.S. at 817 ( 1976 ) ( describing Landis as between... And Private international law, 18 Brit, Hannah L. Buxbaum, Assessing Interests! V. Barclay Natl bank Ltd., 130 S. Ct. 746, 763 ( 2014 ) Twenty-Seventh Annual Survey, Am..., these rules are codified for money judgments in two uniform acts suggest. The respective Interests of the H. Comm 155 but as the first Circuit has pointed,... ; the Nereide, 13 U.S. ( 9 Cranch ) 388, 423 ( the act of state are persuaded!
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