Saturday, May 28, 2011

State Legislation Prohibiting the Use of Foreign and International Law

The American Society of International Law published a new insight on attempts by state legislatures to prohibit the use of foreign and international law.  Here's an excerpt:

In February 2010, a Republican Iowa State Representative introduced a bill to prohibit state judges from using “judicial precedent, case law, penumbras, or international law as a basis for rulings.”  The same month, a Utah Republican state representative introduced House Bill 296, prohibiting enforcement of any foreign law, or any decision rendered by a foreign legal or governmental authority, if it would violate a person’s state or federal constitutional rights.  Similarly, the bill would nullify or rewrite private contracts with a choice of foreign law clause, the enforcement of which would violate a constitutional right.

Click here to read more.

Hat tip to Ron Bettauer.

(mew)

http://lawprofessors.typepad.com/international_law/2011/05/state-legislation-prohibiting-the-use-of-foreign-and-international-law.html

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