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2002 International Law Update, Volume 8, Number 12 (December)
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Browse the articles in this issue.
- CHILD ABDUCTION
On issues of first impression, Ninth Circuit holds that neither ne exeat clause in Mexican custody agreement nor Mexican legal concept of patria potestas conferred “rights of custody” on divorced Mexican husband under Hague Convention on International Child Abduction
- INTERNET
In action against Dow Jones & Co. for libel over Internet, Australian High Court rules that tort took place at point where subscribers downloaded it in Victoria State, plaintiff’s work place, thus Victorian defamation law governs and its courts are appropriate fora in which to litigate
- JUDICIAL ASSISTANCE
Ninth Circuit affirms denial of discovery requests in California federal court by foreign company for use in Chinese and Taiwanese litigation where foreign company had previously misappropriated trade secrets, and material in question was subject to protective order in Ohio proceedings
- SOVEREIGN IMMUNITY
In litigation over six Gustav Klimt paintings currently in Austrian Gallery but which had been taken from Czech owner after Austria’s annexation by Hitler, Ninth Circuit rules that FSIA may apply to conduct that occurred before its enactment, and that FSIA expropriation exception applied and gave federal court jurisdiction over Austria despite claims of sovereign immunity
- WORLD TRADE ORGANIZATION
In dispute over U.S. countervailing measures on certain European products, WTO Appellate Body reverses Panel Report, indicating that despite arm’s-length negotiations and fair market price in privatization of formerly government-owned companies, there may continue to be countervailable benefits to company
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