Browse the archives

Browse the articles in this issue.

• CHOICE OF LAW
  In civil action over alleged rape that occurred in Brazil involving New York residents, New York Appellate Court finds that New York law applicable because New York has a stronger interest in regulating the conduct of its residents and such application of law would not threaten the policies underlying Brazil’s law
• COUNTERVAILING DUTIES
  In reviewing whether improperly collected countervailing duties can be set off during a later period of review by U.S. Department of Commerce, Federal Circuit offers comprehensive overview of countervailing duty law and concludes that it is reasonable that setoffs cannot be granted during later review period
• ENVIRONMENTAL LAW
  District of Columbia Circuit holds that the Migratory Bird Treaty Act does not prohibit the hunting of non-native bird species; Court considers canon that ambiguous statute should not be construed in a way to abrogate a treaty; concurrence distinguishes non-self-executing treaties
• ESPIONAGE
  Seventh Circuit holds that Foreign Intelligence Surveillance Act permits use of wiretap evidence obtained in international investigation for domestic criminal prosecution
• REFUGEES
  House of Lords rules that intact female applicant from Sierra Leone is entitled to refugee status in U. K. under Refugee Convention since she belongs to particular social group at risk of involuntary Female Genital Mutilation if she returns to her native country
• SOVEREIGN IMMUNITY
  English Court of Appeal (Civil Division) dismisses appeal by Republic of Lithuania based on state immunity on grounds that Republic had entered into agreement with private company to look for oil in Lithuania which contained an arbitration clause that waived its right to claim immunity
• TERRORISM
  European Court of Justice holds that EU Council should not have frozen funds of the People’s Mujahidin of Iran for lack of a fair hearing; decision affects ability to freeze assets of suspected terrorist organizations
• TERRORISM
  German High Court affirms guilt of El Motassadeq who had advance knowledge of the September 11, 2001 attacks
• WAR____
  German High Court denies compensation to victims of NATO attack on bridge of Varvarin based on international law and German law