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2005 International Law Update, Volume 11, Number 8 (August)
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Browse the articles in this issue.
- INTERNATIONAL AGREEMENTS
First Circuit holds that U.S. Constitution’s failure to grant Puerto Rico voting rights in U.S. presidential elections does not violate U.S. treaty obligations
- INTERNATIONAL SALES
In breach of sales contract action between U.S. and Canadian meat wholesalers, Seventh Circuit rules (1) that U. N. Convention on Contracts for the International Sale of Goods placed burden on defendant-buyer to prove that meat shipment did not spoil until after its transfer to defendant and (2) that defendant failed to meet that burden
- JUDGMENTS
In case seeking enforcement of New York District Court judgment, British Columbia Court of Appeal holds that defense may not raise plea of fraud to overcome enforcement of foreign judgment unless it shows that fraud claim is based on new and material facts which defendant could not have discovered by exercise of due diligence prior to date of foreign judgment
- PRIVACY
In suit for damages against English magazine that published photos secretly taken by paparazzo at movie stars’ invitation-only New York wedding reception, English Court of Appeal (Civil Division) (1) approves Couples’ damages judgment for invasion of their private event and (2) upholds damages awarded to publication with which Couple had contracted as exclusive publisher of authorized photographs
- SOVEREIGN IMMUNITY
In suit by U.S. citizens against Libya for alleged torture and hostage taking, D. C. trial court sets forth requirements for entry of defaults against foreign sovereign and enters default judgment based on applicable state laws of plaintiffs’ residences
- TERRORISM
Colombia passes controversial “Justice and Peace” law for demobilization of right-wing para-military forces
- TERRORISM
D.C. Circuit rules that Geneva Convention of 1949 does not confer upon enemy combatant alleged to have fought for al-Qaeda any right to enforce its provisions in federal court
- TRADEMARKS
First Circuit specifies, as matter of first impression, circumstances under which Lanham Act grants subject matter jurisdiction over extraterritorial conduct by foreign defendants under effects test
- WORLD TRADE ORGANIZATION
Agreeing with U.S. positions, WTO panel finds that Mexico’s antidumping duties on rice and various other provisions of its antidumping and countervailing duty laws are contrary to WTO rules
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