"Federal courts are frequently called upon to evaluate foreign law in a variety of contexts—from routine
breach of contract and tort claims to complex cases implicating the judicial branch’s role in internationalaffairs. 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
government’s interpretation of its own law. Prior to the Court’s ruling, federal courts took a range of
approaches on the degree of deference given to a foreign government’s official explanation of its
domestic law. Some courts viewed a foreign nation’s interpretation as effectively binding (at least as long
as it was reasonable), but others were willing to deviate from the nation’s 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 government’s interpretation, but they are not “bound to defer” to that position..."
Foreign law
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