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2003 International Law Update, Volume 9, Number 3 (March)
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Browse the articles in this issue.
- COMPETITION
In context of alleged global anticompetitive conduct in marketing chemicals used for pharmaceuticals, majority of Seventh Circuit holds as matter of first impression that FTAIA provisions pertain only to subject matter jurisdiction and do not create additional element of Sherman Act claim
- ENVIRONMENTAL LAW
Noting similarity between CERCLA and provincial cleanup legislation, British Columbia Court of Appeal holds that governmental certificate that site is contaminated is not prerequisite to suit by private remediator against polluter to recover remediation costs
- PRIVATE INTERNATIONAL LAW
In proceeding to attach defendants’ assets in U.S. banks, Second Circuit upholds post-judgment attachments, ruling that government-owned Indonesian entity had waived sovereign immunity from attachment under FSIA and that New York choice-of-law principles lead to application of Indonesian property laws as construed by Indonesian government
- PRIVATE INTERNATIONAL LAW (CRIMINAL)
Fourth Circuit reverses federal convictions for defrauding Canadian authorities of liquor tax revenues on grounds that common law “revenue rule” requires reading of American wire fraud statute so as to avoid having to interpret and enforce foreign tax laws
- SOVEREIGN IMMUNITY
Ninth Circuit finds that foreign government may remove case to federal court even though it received original defendant’s interest by assignment after filing of state litigation
- TAXATION
By vote of 7 to 2, U.S. Supreme Court upholds Treasury Regulation dealing with allocation of R&D expenses in Domestic International Sales Corporation over method used by Boeing aircraft company to divert taxes and to maximize export profits
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