SCOTUS: US Courts Not Bound by Foreign Government’s Statement of Its Laws

Latham & Watkins LLP

The Supreme Court has ruled US federal courts should carefully consider a foreign government’s interpretation of its own domestic laws, but are not required to give it conclusive effect.

Key Points -

..The Supreme Court’s “respectful consideration” standard means foreign governments will likely face uncertainty as to how their domestic laws will be interpreted by US courts.

..Lower courts’ future application of the Supreme Court’s five factors for consideration will provide guidance on how foreign governments can best position and support their interpretations.

..The parties’ evidence in support of and against a foreign government’s submitted interpretation of its domestic laws may be given substantial weight in determining the proper interpretation under US law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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