Foreign Relations Deference

Definition

A judicial doctrine that courts should defer to the executive branch on matters affecting international relations and foreign policy. Courts recognize that federal courts' jurisdiction and discovery orders affecting foreign nationals can implicate sensitive diplomacy and that international comity (respect for other nations' sovereignty) may limit judicial authority in transnational cases.

Examples

• •Respondents argue that compelling disclosure of foreign defendants implicates foreign policy concerns and should be subject to deference to the executive branch's views on international relations

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