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2005 International Law Update, Volume 11, Number 11 (November)
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Browse the articles in this issue.
- EU LAW(STATE AIDS)
In case involving French subsidiary of U.S. paper company, European Court of Justice rules that EC Commission’s letter of inquiry to French Republic about possibly unlawful state aid to subsidiary tolled ten-year limitation period though beneficiary of aid was not notified of letter
- FAMILY LAW
British Columbia Court of Appeal rules that, since separated mother and children have become habitual residents of Province, chambers judge erred in declining to exercise its jurisdiction in favor of father’s prior suit in state court of Washington which had already addressed several issues of custody and parentage while family were living there
- INSURANCE CONTRACTS
In light of Massachusetts law applicable to one insurance contract, Supreme Court of Ireland rules that clauses in both contracts that excluded coverage for faulty workmanship and environmental pollution did not exempt insurers from liability for accidental damage by insured’s employee to internal circuits during maintenance period
- JURISDICTION (PERSONAL)
In contract action between French and Utah companies, Tenth Circuit finds that Utah law provides for personal jurisdiction over French company based on minimum contacts and reasonableness factors
- POLITICAL QUESTION DOCTRINE
In action for compensation by Austrian victims of Nazi confiscations, Second Circuit dismisses based on Political Question doctrine giving decisive importance to Executive Branch views on whether judicial decision would conflict with foreign policy interests of U.S.
- SELF-INCRIMINATION
Ontario Court of Appeal rules that officers of Canadian corporation called before court-appointed fact-finding inspector charged with gathering information about officers’ receipt of generous payments from company cannot refuse to answer by invoking protection against self-incrimination under Canadian Charter of Rights and Freedoms even though U.S. Securities and Exchange Commission is also looking into similar payments to same officers from counterpart company in U.S.
- SOVEREIGN IMMUNITY
D.C. Circuit holds that plaintiff’s purchase of airline tickets in United States was enough to confer federal jurisdiction over state-owned foreign airline under “commercial act” exception to Foreign Sovereign Immunities Act
- WORLD TRADE ORGANIZATION
WTO Appellate Body reverses parts of earlier dispute settlement report and largely upholds U.S. position in dispute over antidumping duties on Mexican steel pipe
- WORLD TRADE ORGANIZATION
WTO compliance panel finds that United States has complied with WTO recommendations in long-standing United States-Canada softwood lumber dispute; U.S. has reluctantly accepted adverse NAFTA tribunal ruling on similar issues
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