Kristen Eichensehr

International Decision, Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (U.S. 2018)

PUBLISHER
American Journal of International Law
DATE
2019
 

UVA Law Faculty Affiliations

Abstract

When a foreign country's law is relevant to a case in U.S. federal court and the foreign country files an official statement about the meaning of its law, how should U.S. courts treat the foreign government's representations? In Animal Science Products, Inc. v. Hebei Welcome Pharmaceuticals Co., the Supreme Court of the United States held that "[a] federal court should accord respectful consideration to a foreign government's submission, but is not bound to accord conclusive effect to the foreign government's statements". The Supreme Court settled a circuit split and reversed a Second Circuit opinion that had given conclusive effect to the Chinese government's representations about its domestic law. Animal Science Products provides important guidance to federal courts faced with increasingly frequent filings by foreign governments, but it leaves unresolved significant questions about deference to foreign sovereign amici and preserves existing debates about the nature of "respectful consideration".

Citation

Kristen Eichensehr, International Decision, Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (U.S. 2018), 113 American Journal of International Law 116-122 (2019).
 

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