Jurisdiction in the Fourth Restatement of Foreign Relations Law

This essay for the Yearbook of Private International Law discusses the draft Fourth Restatement of Foreign Relations Law on the topic of jurisdiction. The essay describes the Fourth Restatement’s division of jurisdiction into the three categories of jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce. It covers the principal developments in each category since publication of the Third Restatement in 1987, including the revival of the presumption against extraterritoriality. The essay also notes the Fourth Restatement’s emphasis on distinguishing clearly between domestic law and international law, which has resulted in the Fourth Restatement giving greater coverage to the U.S. domestic law of jurisdiction than the Third Restatement did.