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2007 International Law Update, Volume 13, Number 4 (April)
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Browse the articles in this issue.
- ALIEN TORT CLAIMS
Upon rehearing of dispute over unhealthy pollution from Rio Tinto mine in Papua New Guinea, Ninth Circuit reverses dismissal of residents’ claims and re affirms that Alien Tort Claims Act contains no exhaustion requirement
- CHILD ABDUCTION
In case of alleged child abduction under statute implementing Hague Convention, Tenth Circuit declines to order immediate repatriation of thirteen year old child to Canada with his mother based solely on child’s expressed desire to remain with his father in U.S. pending decision on permanent custody
- CHOICE OF LAW
In litigation prior to trial over validity and effect of Compromise Agreement among Jewish family members as to size and allocation of decedent’s estate where Rabbinical tribunals in New York and Switzerland are involved, U. K. Court of Appeal (Civil Division) rules that relevant EU Conventions limit choice of controlling law to that of countries, thus limiting choice to English versus Swiss law but that Agreement might be read as incorporating some principles of Jewish law as terms of contract
- EUROPEAN UNION (EXPORT REFUNDS)
In advisory opinion requested by Dutch court under Article 234EC, European Court of Justice explains that Dutch exporter of cheese to United States, some of which was immediately reshipped to Canada, is entitled to retain definitive refunds at higher U.S. rate unless Dairy Products Board proves that exporter intentionally abused refund system
- HABEAS CORPUS
In petition by U.S. citizen sentenced to death by Central Criminal Court of Iraq, District of Columbia Circuit finds that U.S. citizenship, without more, is not enough to confer habeas corpus jurisdiction where conviction was handed down by non U.S. court
- HUMAN RIGHTS (PROPERTY)
In case filed against Portugal by Budweiser (U.S.), European Court of Human Rights rules that Portuguese courts had accorded fair treatment to contentions by Budweiser and its Czechoslovakian respondent as to which party was entitled to copyright protection of name “Budweiser” under Portuguese law and treaty with Czechoslovakia
- PATENTS
In patent infringement suit by AT&T against Microsoft, U.S. Supreme Court holds that Section 271(f) of U.S. Patent Act does not apply to Microsoft’s sending of its Windows operating system to foreign computer makers who make copies thereof and install these upon their computers for sale abroad since Microsoft was not supplying “components” of AT&T’s patented speech processing software abroad
- WORLD TRADE ORGANIZATION
WTO Appellate Body issues compliance report in U.S. Argentina dispute criticizing aspects of U.S. anti dumping measures on oil country tubular goods from Argentina
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