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2004 International Law Update, Volume 10, Number 1 (January)
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Browse the articles in this issue.
- CHILD ABDUCTION
English Family Court rules that Hague Child Abduction Convention and U.K.’s implementing statute authorize it to order interim arrangements, including possible electronic tagging, to ensure that Irish mother and child she abducted from California remain within English Court’s jurisdiction pending further proceedings
- DISABILITIES
As matter of first impression, Fifth Circuit holds that anti-discrimination provisions of Americans with Disabilities Act (ADA) do not apply to passengers on foreign-flagged cruise ships
- EVIDENTIARY PRIVILEGE
In securities action where plaintiffs sought documents from Dutch auditor, Second Circuit holds that foreign clients’ documents submitted to U.S. law firm lose any further protection once they have been disclosed to third party
- JUDGMENTS, ENFORCEMENT OF
Rejecting defenses of fraud, ordre public, and denial of justice, Supreme Court of Canada rules 6 to 3 that Canadian courts should enforce substantial default judgment against Canadian defendants in litigation over their Florida land
- SOVEREIGN IMMUNITY
On interlocutory appeal, D.C. Circuit finds, pursuant to Supreme Court’s ruling in Republic of Argentina v. Weltover, that alleged breach of payment obligation within U.S. can be enough to support subject matter jurisdiction under FSIA based on its “direct effect” test
- TERRORISM
Second Circuit holds that alleged al Qaeda operative who was seized in the U.S. is entitled as U.S. citizen to constitutional protections and cannot be held incommunicado in military custody despite Presidential designation as “enemy combatant”
- TERRORISM
Ninth Circuit finds that U.S. exercises territorial jurisdiction and sovereignty over Guantanamo Bay naval base located in Cuba, thus district courts have jurisdiction over habeas corpus petitions of foreign detainees held there
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