Symposium: The Restatement (Fourth)

• Bradley, Curtis A 1
• Swaine, Edward T 2

Abstract

This short article responds to observations made by Alina Miron and Paolo Palchetti about the treaty sections of the Restatement of the Law (Fourth): The Foreign Relations Law of the United States. We describe the nature of the Restatement process and explain why the choices made in the Restatement (Fourth) were more constrained than what might be suggested by Miron and Palchetti’s critique. We also engage with some of their specific observations about the Restatement (Fourth)’s approach to treaties, resisting the suggestion that the approach marks a retreat from engagement with international law.

• 1Allen M. Singer Professor, University of Chicago Law School, Chicago, USA
• 2Charles Kennedy Poe Research Professor, George Washington University Law School, Washington, DC, USA