Browse the archives

Browse the articles in this issue.

• ALIEN TORT CLAIMS ACT
  In case by West African plantation workers charging pesticide makers and users with genocide, crimes against humanity and racial discrimination under Alien Tort Claims Act (ATCA), Ninth Circuit finds that current state of U.S. and international law does not support such claims
• CHILD ABDUCTION
  Where mother moved children from Venezuela to permanent stay in United States, Seventh Circuit rules that father had sufficient “rights of custody” under Hague Abduction Convention to have U.S. court order return of children to Venezuela, since father also had right of patria potestas under Venezuelan law
• CONSULAR RELATIONS
  U.S. Supreme Court declines to issue stay of execution for Mexican defendant, who alleges prejudicial error resulting from violation of Vienna Convention on Consular Relations in absence of congressional implementation of Convention
• EVIDENCE
  In diversity suit over enforcement of Uruguayan garantia solidaria, Seventh Circuit rules that witness not timely reported on trial expert list could not offer lay opinion on alleged impairment of collateral’s value based on witness’s generalized familiarity with international tire trade where he lacked personal knowledge of relevant matters as required by Federal Rules of Evidence
• EXPROPRIATION
  In protracted proceedings between U.S. corporation and Iran over Iranian expropriation, District of Columbia Circuit finds that U.S. Iran Treaty of Amity does not create private right of action for compensation, and remands for district court to determine whether there is cause of action under Iranian law or customary international law, and whether Act of State Doctrine applies
• EXTRADITION
  Where U.S. authorities sought formal extradition of British Defendant charged with hacking into and erasing many high level U.S. military computers and, in exchange for his surrendering, offered to recommend reduced sentence to U.S. court and repatriation to serve part of sentence in U.K., House of Lords dismisses Defendant’s appeal from extradition order since offers amounted to reasonable plea bargaining rather than threats of dire consequences for failure to accept offers
• JURISDICTION (TORT)
  In libel on Internet suit against Yahoo of U.S. , where Plaintiff sued Defendant in British Columbia, B.C. Court of Appeals upholds jurisdictional dismissal of case on grounds that Plaintiff failed to specifically allege that libel was broadly published to anyone within Province outside of restricted web site
• SOVEREIGN IMMUNITY
  In case of foreign Defendants who had financed charities alleged to have ultimately funded al Qaeda, Second Circuit rules that certain Defendants are not subject to federal jurisdiction under the FSIA or its Commercial Activity exception, joining sister circuits in holding that individual official of foreign state acting in his official capacity can be “agency or instrumentality” of that state, and thus is immunized by FSIA