International Law Update

from January 2000
Last Number: July 2008

International Law Group, PLLC
ISSN 1089-5450

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Nbr. 14-07, July 2008

Extraterritoriality (criminal)

In case of RICO criminal charge involving unlawful transfers from Dominican Bank, Eleventh Circuit rules that RICO may apply extraterritorially where Defendant initiated transfers of funds from U.S. bank accounts of foreign company for benefit of U.S. Company and U.S. Citizen

Topics in Brief

The U. K. government has officially recognized sharia law and civil tribunals in Britain

Child abduction

Where Chilean father challenged removal of his child to United States by child's mother, Second Circuit rules that parent did not have custody rights under HAGUE CONVENTION, where father only had rights to visitation and to prevention of wife from removing child from Chile.

Competition law (European Union)

On appeal from judgment by EU Court of First Instance, European Court of Justice finds no substantive errors of EU competition law on concentrations between undertakings such as Sony Corporation of USA and Bertelsmann on part of EU Commission contrary to rulings of CFI but remands to that Court since it had not reached several other important issues.

Defamation

In libel action by parental opponent of gay lifestyles curriculum in British Columbia schools against radio "shock jock" who seemed to compare her to such historic rabble-rousers as Hitler, George Wallace, Orval Faubus and others, Canadian Supreme Court upholds judgment for Defendants based on "fair comment" defense

Jurisdiction

Where Arizona court convicted Mexican citizen of solicitation to commit smuggling, Arizona Court of Appeals rules that Arizona courts may exercise subject matter jurisdiction over charge, even where Defendant completed solicitations in Mexico, since offense would involve travel to Arizona

Sovereign immunity

Where California power agency accuses Canadian power company with manipulating California power market, Ninth Circuit Rules that company is "foreign state" for purposes of FSIA, where Province of British Columbia had created it

Terrorism

In suit on behalf of American citizens killed or injured by bombings in Sudan of U.S. Embassies, D.C. Circuit holds that state sponsor of terrorism exception to FSIA is not unconstitutional delegation of Congressional Power, where it delegates to Secretary of State power to label country as such

Torture

In action by foreign national under TORTURE VICTIM PROTECTION ACT against U.S. and its officers for removal Plaintiff from U.S. to Syria where he alleges he was tortured, Second Circuit rules that Plaintiff failed to state claim, where Plaintiff failed to allege that Defendants had any power under Syrian law