Swordsmyth
06-14-2018, 06:02 PM
Nyet. Non. Nein. No. That's the answer the Supreme Court gave Thursday to the question of whether federal courts in the United States must accept statements from foreign governments about their own laws as binding.Justice Ruth Bader Ginsburg wrote for a unanimous court that a "federal court should accord respectful consideration to a foreign government's submission," but is not required to treat it as conclusive.
Given "the world's many and diverse legal systems and the range of circumstances in which a foreign government's views may be presented," there is no single formula on how to treat the information a foreign government provides, Ginsburg wrote.
Ginsburg said the appropriate weight given to a government's statement in each case will depend on the circumstances. Among the factors that U.S. courts should weigh in looking at what a foreign government has said about its own law are: the statement's clarity, thoroughness and support as well as the transparency of the foreign legal system and the role and authority of the statement's author.
More at: https://www.usnews.com/news/business/articles/2018-06-14/supreme-court-addresses-question-of-foreign-law-in-us-courts
Given "the world's many and diverse legal systems and the range of circumstances in which a foreign government's views may be presented," there is no single formula on how to treat the information a foreign government provides, Ginsburg wrote.
Ginsburg said the appropriate weight given to a government's statement in each case will depend on the circumstances. Among the factors that U.S. courts should weigh in looking at what a foreign government has said about its own law are: the statement's clarity, thoroughness and support as well as the transparency of the foreign legal system and the role and authority of the statement's author.
More at: https://www.usnews.com/news/business/articles/2018-06-14/supreme-court-addresses-question-of-foreign-law-in-us-courts