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2005 International Law Update, Volume 11, Number 7 (July)
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Browse the articles in this issue.
- ARBITRATION
In dispute over enforceability of international arbitration award, D.C. Circuit holds that district court had jurisdiction over Ukrainian state entity by virtue of FSIA’s arbitration exception and because “minimum contacts” requirements of Due Process Clause do not apply to entities that are identical with foreign state itself
- CHILD CUSTODY
Where mother of minor child whose habitual residence is Saudi Arabia wishes to retain child with her in England indefinitely, House of Lords unanimously rules that trial court acted within its discretion in allowing them to remain in England since cardinal criteria for court to apply centers on welfare of child not on stricter provisions of Hague Abduction Convention since Saudi Arabia is not party thereto
- ENDANGERED SPECIES
United States approves inability of Japan and other pro-whaling nations to succeed in their bids to ease commercial whaling restrictions at 2005 International Whaling Commission meeting
- FORFEITURE
Ninth Circuit holds that U.S. seafood importer could not assert “Innocent Owner” defense in Lacey Act forfeiture proceedings against crab originally caught in violation of Russian Fishing Regulations
- FORUM NON CONVENIENS
British Columbia Court of Appeal rules that, where U.S. court had affirmatively claimed jurisdiction over same contract dispute, comity dictated that Canadian court should stay its parallel proceeding to avoid inconsistent results and useless multiplication of expense
- HABEAS CORPUS
U.S. Supreme Court decides (1) that its previous holding in Zadvydas v. Davis applies to removable aliens like Cuban habeas corpus petitioners who are deemed inadmissible to United States, (2) that government cannot confine them indefinitely and (3) that it must release them
- POLITICAL QUESTION DOCTRINE
Based on political question doctrine, D.C. Circuit dismisses lawsuit against former National Security Advisor and Secretary of State, Henry Kissinger, for his alleged role in death of Chilean army general during 1970 overthrow
- POLITICAL QUESTION DOCTRINE
Following remand from U.S. Supreme Court, D. C. Circuit affirms dismissal of non-Japanese plaintiffs’ complaint against Japan for their sexual enslavement as “comfort women” in 1940s because review would entail interpretation of treaties to which U.S. does not belong thus involving political questions
- WORLD TRADE ORGANIZATION
Generally agreeing with U.S. positions, WTO Appellate Body substantially reverses Panel Report dealing with U.S. imposition of countervailing duty on Korean Computer Chips
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