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2005 International Law Update, Volume 11, Number 1 (January)
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Browse the articles in this issue.
- ANTI-TERRORISM MEASURES
House of Lords unanimously rules that statute allowing suspected terrorists who are foreign nationals to be detained indefinitely without trial is incompatible with European Convention On Human Rights as implemented in U.K. by Human Rights Act of 1998
- ANTI-TERRORISM MEASURES
Ninth Circuit upholds constitutionality of federal ban on financially supporting organization Secretary of State has designated “terroristic”
- CHILD ABDUCTION
In case of first impression, Second Circuit adopts new standard for determining “habitual residence” of child under Hague Convention on Child Abduction
- FORUM NON CONVENIENS
Disagreeing with Second and D.C. Circuits, Fifth Circuit holds that, before ruling on forum non conveniens motions, court must first decide whether it has subject matter jurisdiction over the controversy
- SOVEREIGN IMMUNITY
Where creditor company of foreign state attempted to attach its funds held by third party in United States, Fifth Circuit denies attachment and garnishment because state had not used funds for “commercial activity”
- SOVEREIGN IMMUNITY
Eleventh Circuit affirms dismissal of action against Honduras in contract dispute over weapons sales because of absence of direct effect in U.S.
- TRADEMARKS
In dispute between Mexican and U.S. parties over trademark, Ninth Circuit holds that there is exception from territoriality principle for famous and well-known foreign marks
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