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   2004 International Law Update, Volume 10, Number 9 (September)

Browse the articles in this issue.




  • ALIENS
    Ninth Circuit holds that application of Nonresident Workers Act in Commonwealth of Northern Mariana Islands which are politically united to United States did not violate nonresident plaintiff’s rights under U.S. Constitution and statutes
  • AVIATION
    Where defendant’s negligence damaged plaintiff’s telecommunications cargo while en route between Melbourne airport and plaintiff’s bonded warehouse, High Court of Australia rules that neither Treaty nor waybill limitations on liability apply and restores trial court’s award of substantial damages
  • COPYRIGHTS
    Canadian Supreme Court rules that Internet provider that downloads copyrighted music onto cache to speed up transmission and reduce costs does not thereby lose its status as neutral conduit of data and become content provider open to liability for infringement
  • ECONOMIC SANCTIONS
    By Executive Order, the U.S. President has removed many non-statutory economic sanctions against Libya in light of latter’s cooperation in disclosing and eliminating its nuclear and chemical weapons programs
  • IMMUNITY (HEAD-OF-STATE)
    Seventh Circuit holds that Falun Gong practitioners cannot sue Chinese President based on U.S.’s recognition of his head-of-state immunity; such immunity extends to all service of process for same suit, even if intended for other parties
  • JURISDICTION (PERSONAL)
    In dispute over marketing of Nazi memorabilia on Yahoo! internet sites, Ninth Circuit finds that there was no personal jurisdiction over defendants in Yahoo!’s declaratory suit against French anti-Nazi organizations which had obtained French court order against Yahoo! to expunge Nazi material from its U.S. site
  • SOVEREIGN IMMUNITY
    In assault suit by U.S. citizen against United Kingdom and its servicemen, Ninth Circuit holds that Foreign Sovereign Immunity Act provisions are subject to “existing international agreements” such as NATO-SOFA and that, in case of conflict, Agreement prevails; as to military defendants, proper remedy is under Federal Tort Claims Act
  • WORLD TRADE ORGANIZATION
    In Brazil-U.S. dispute over subsidized cotton, WTO Dispute Settlement Panel recommends that U.S. conform to Agreement on Agriculture and remove its cotton subsidies
  • WORLD TRADE ORGANIZATION
    WTO Appellate Body publishes its report in U.S.-Canada wheat dispute, concluding that U.S. failed to prove its allegations that Canadian wheat regulators were violating GATT 1994 and Agreement on Trade-Related Investment Measures





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