[20180709]LSB10166_谁在美国联邦法院解释外国法律？.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Who Interprets Foreign Law in U.S. Federal Courts? Updated July 9, 2018 Federal courts are frequently called upon to evaluate foreign law in a variety of contextsfrom routine breach of contract and tort claims to complex cases implicating the judicial branchs role in international affairs. In Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., the Supreme Court announced the standard of deference for U.S. federal courts to apply when considering a foreign governments interpretation of its own law. Prior to the Courts ruling, federal courts took a range of approaches on the degree of deference given to a foreign governments official explanation of its domestic law. Some courts viewed a foreign nations interpretation as effectively binding (at least as long as it was reasonable), but others were willing to deviate from the nations position if it was inconsistent with prior statements or not supported by affidavits and expert testimony. In Animal Science Products, Inc., the Supreme Court unanimously held that federal courts must give “respectful consideration” to a foreign gov