Supreme Court Decision Weakens Deference To Foreign Laws

By Valarie Williams, Alex Brown and Bradley Harder (June 26, 2018, 2:24 PM EDT) -- Rejecting an earlier appellate case that allowed Chinese companies to escape liability in the United States for allegations of price fixing because their government said it was not illegal under Chinese law, the U.S. Supreme Court unanimously held, in Animal Science Products Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.,[1] that a U.S. court is not bound by a foreign government's interpretation of its own laws. Justice Ruth Bader Ginsburg, writing for a unanimous court in a decision released on June 14, 2018, held that a court should give "respectful consideration" to a foreign government's submissions, but the Second Circuit had gone too far in giving those submissions controlling weight. The court's position is similar to that of the European Convention, which Justice Ginsburg noted during oral argument requires "that the information, given in reply by the country saying this is our law, shall not bind the judicial authority from which the request emanates." The court's decision is likely to have a lasting impact on legal decision-makers across the globe as they make determinations about deference to foreign laws, including U.S. laws....

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