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2002 International Law Update, Volume 8, Number 11 (November)
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Browse the articles in this issue.
- AVIATION
In proceeding by EC Commission against United Kingdom, European Court of Justice rules that U.K.’s “open skies” agreement with United States unlawfully discriminates against Member State air carriers established in U.K. but not owned or controlled by U.K. nationals, thus failing to comply with “national treatment” demanded by EC Treaty with respect to airlines of other Member States
- BANKRUPTCY
In bankruptcy proceeding involving simultaneous proceedings in courts of Delaware and Belgium, Third Circuit remands to determine dictates of international comity and choice of law and suggests that Belgian and Delaware courts communicate among themselves as to how best to resolve transnational complexities
- CORPORATIONS
In corporate fraud litigation, Newfoundland and Labrador Court of Appeal holds that applicable corporations statute does not allow award of general damages for fraud or for civil conspiracy but only such amounts that compensate plaintiff for actual financial losses such as for costs of related Oklahoma litigation
- CRIMINAL LAW
Eighth Circuit rejects foreign criminal defendants’ claims that violation of Vienna Convention on Consular Relations rendered their inculpatory statements inadmissible or, in any event, barred U.S. Government from seeking death penalty
- INTERNET
In an in rem action by U.S. toy manufacturer against several internet domain names for using its trademarks without authorization, Second Circuit explains jurisdictional grant in Anticybersquatting Consumer Protection Act of 1999 (ACPA) requiring action in judicial district of domain registrar, noting that this also satisfies international comity when applied to Australian domain registrant
- SOVEREIGN IMMUNITY
Ninth Circuit decides in dispute over assets of Philippine’s late President Marcos that Philippines and its instrumentalities are immune from suit under FSIA, and stays further proceedings so that contested matters can be resolved in other ways
- WORLD TRADE ORGANIZATION
In its preliminary report regarding U.S. countervailing duties on imports of Canadian softwood lumber, WTO dispute settlement panel disapproves U.S. imposition of provisional measures but exonerates U.S. laws and regulations on expedited and administrative review
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