The application of foreign law in U.S. federal courts is often spotty at best. Many decisions pay lip-service to the need for international comity and the fair application of foreign law, but this requires extensive research into a wholly unfamiliar body of law which courts and parties are rarely willing to do.
This article examines the Ninth Circuit's recent decision in Trans-Tec Asia v. M/V Harmony, a case which is indicative of this problem. Next, it argues that a more faithful application of foreign law is both increasingly possible and increasingly necessary. A petition for certiorari has been filed in Trans-Tec, underscoring this growing necessity.
Anthony R. Bessette,
Trans-Tec Asia v. M/V Harmony Container: Should American Judges Don Foreign Hats (or Wigs)?,
8 Santa Clara J. Int'l L.
Available at: http://digitalcommons.law.scu.edu/scujil/vol8/iss2/2