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   2004 International Law Update, Volume 10, Number 8 (August)

Browse the articles in this issue.




  • JUDGMENT ENFORCEMENT
    In appeal of suit by United States against former wife of convicted American con man to register U.S. confiscation order in United Kingdom, House of Lords held that U.S. federal appellate court did not violate “interests of justice” under English law by dismissing her appeal of order under “fugitive disentitlement” doctrine
  • JUDICIAL ASSISTANCE
    Second Circuit upholds discretionary denial of request from German litigants for production of documents under 28 U.S.C. Section 1782 though it complied with statutory requirements because granting discovery assistance would not, under circumstances, further goals of Section 1782
  • JURISDICTION (PRESCRIPTIVE)
    Second Circuit dismisses claim for excessive service fees for EURO currency exchanges holding that Sherman Act does not reach foreign antitrust activity occurring within and outside United States that causes injury to foreign customer where that injury is independent of any injury to domestic customer
  • SOVEREIGN IMMUNITY
    In actions against South Korean banks, Second Circuit relies on U.S. Supreme Court’s ruling in Dole Food that required direct ownership of majority of shares by government and thus held that defendant banks were not instrumentalities of Korean state under FSIA
  • TAX CONVENTIONS
    Ontario Federal Court of Appeal concludes that lower court erred in applying Canadian law of residence to Canadian born taxpayer who had lived and worked alternately in both Canada and United States over several years but who claimed United States residence for tax purposes under U.S. - Canada tax convention
  • TRADE
    To improve marine safety and prevent marine pollution, United States and European Union agree on mutual recognition of technical conformity for marine equipment
  • TRADEMARKS
    In trade mark application by Procter & Gamble, European Court of Justice upholds lower court’s ruling that geometric shapes and patterns of applicant’s detergent tablets lacked degree of distinctiveness that would inform typical European consumers as to identity of manufacturer
  • WAR REPARATIONS
    In action seeking compensation for destruction of factory in Sudan allegedly associated with Osama bin Laden terrorist network, Federal Circuit confirms that Constitution grants President considerable power to designate enemy property abroad outside limits of Takings Clause
  • WORLD TRADE ORGANIZATION
    WTO Appellate Body largely upholds Panel Report in U.S.-Canada dispute over final anti-dumping determinations on Canadian softwood lumber, rejecting majority of U.S. positions





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