NCJ Number
158513
Date Published
1981
Length
146 pages
Annotation
This report presents a transcript of the testimony on U.S. Senate bill S. 1434, the International Rule of Law Act, which would eliminate the bar of the Act of State Doctrine to adjudication on the merits in certain cases in U.S. courts.
Abstract
The purpose of the bill, according to its supporters, is to allow U.S. courts to hear cases that allege that the act of a foreign government does violate international law. Under the proposed bill, judges must decide these cases according to all the relevant law, including international law. Thus, U.S. courts, in accordance with the actions of courts in other countries with advanced legal systems, would make some contribution to the development and application of international law. A representative of the Justice Department testifies that the Justice Department cannot support S. 1434 in its present form. The Justice Department believes the bill may invite expansion of international law. The Justice Department views this with some concern because of the risks and uncertainties posed by the creation and enforcement of a new body of international law without the involvement of the executive branch. The legal adviser of the State Department sees some value in S. 1434, but questions whether it is adequate to address the complexity and diversity of cases that may involve United States' interactions with other countries.