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2008 International Law Update, Volume 14, Number 3 (March)
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Browse the articles in this issue.
- ALIEN TORT CLAIMS ACT
Second Circuit affirms dismissal of case brought by Vietnamese Plaintiffs allegedly injured by U.S. use of Agent Orange and other defoliants during Vietnam War, deciding (1) that there is no universally accepted customary international norm against use of herbicides in war, and (2) that injunctive relief is inappropriate since U.S. court lacks jurisdiction over affected Vietnamese territory
- EXTRADITION
In appeal from hearing on Greece’s request to extradite Petitioner, Ninth Circuit holds that inquiry into intent is appropriate in dual criminality analysis, that identity of person sought by extradition request can be confirmed through witnesses’ identification by photo, and that depositions supporting foreign arrest warrant were not indispensable to support finding of probable cause under U.S. Greece Extradition Treaties
- TRADEMARKS
In trademark dispute involving foreign mark, Second Circuit upholds summary judgment for Defendant since New York law demands that foreign holder produce evidence that Defendant’s potential New York customers primarily associate foreign Plaintiff’s mark with Plaintiff
- TREATY MAKING POWER
In votes divided 6 to 3, U.S. Supreme Court rules that neither Vienna Convention, nor Optional Protocol thereto nor Presidential Memorandum clearly requires U.S. state to give effect to Avenas judgment of International Court of Justice as domestically enforceable federal law by requiring Texas to set aside its rules on number and timing of post conviction procedures to determine whether failure of Texas officials to notify Petitioner Mexican citizen’s consular officials of his arrest may have prejudicially tainted Petitioner’s Texas convictions for rape and murder
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