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   2003 International Law Update, Volume 9, Number 4 (April)

Browse the articles in this issue.




  • CUSTOMS
    In suit by U.S. company and others challenging seizure and retention of aircraft by Canadian customs officer, Ontario Court of Appeal concludes that tort claims are time-barred but that allegations of intentional failure to protect seized planes from damage may go to trial
  • EUROPEAN UNION
    EU Court of First Instance dismisses action by U.S. and Japanese tobacco companies that had brought “action for annulment” to challenge Commission’s U.S. court action against them; Court notes that an “action for annulment” may only be brought to challenge acts that produce binding legal effects for the parties by bringing about a change in their legal position
  • FOREIGN LAW, PROOF OF
    Reviewing convictions for importing lobster tails from Honduras in violation of Lacey Act which bans imports to U.S. in violation of “foreign laws,” Eleventh Circuit rules, as matter of first impression, that where foreign government had affirmed validity of its laws during U.S. prosecutions under Act, its later change of position became immaterial
  • HABEAS CORPUS
    In upholding jurisdictional dismissals of habeas corpus petitions brought by several groups of alien detainees at Guantanamo Bay Naval Base, District of Columbia Circuit holds that U.S. courts are not open to aliens arrested and confined abroad by U.S. military forces under Supreme Court ruling in Johnson v. Eisentrager
  • JUDICIAL ASSISTANCE (CRIMINAL)
    As matter of first impression, Eleventh Circuit holds that U.S.-Canadian MLAT permits United States to honor Canadian subpoenas to compel U.S. testimony for use in Canadian criminal investigations prior to filing formal charges although internal Canadian law does not allow compelled testimony at this stage
  • TERRORISM
    Second Circuit upholds convictions of alleged mastermind of 1993 World Trade Center bombing over arguments that the U.S. court lacked extraterritorial jurisdiction over his alleged offenses committed outside United States





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