foreign law ban
Amos Toh, David Barkey 5-16-2014
Florida Gov. Rick Scott signed into law a measure known as a “foreign law ban.” Photo: Meredyth Hope Hall, courtesy Rick Scott.
This week, Florida Gov. Rick Scott signed into law a measure widely touted as a “foreign law ban.” But proponents of such bans should not be too quick to claim victory.
The version of the ban that Scott signed merely mirrors decades-old legal principles that Florida courts have used to resolve international disputes — namely, that they will not apply foreign law if it “contravenes the strong public policy of this state or if the law is unjust or unreasonable.”
This is a far cry from foreign law bans in states such as Kansas and Arizona, which demand their courts to reject foreign laws or judgments if they come from a country that does not protect rights in the identical way we do.