International Law Update

from January 2000
Last Number: July 2009

International Law Group, PLLC
ISSN 1089-5450

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Year 2000

Nbr. 6-9, September 2000

Extradition

Ninth Circuit holds that, in extradition proceedings, Secretary of State must arrive at final decision as to whether requesting state is likely to torture extraditee upon surrender as condition for district court's power to review through habeas corpus

Forum Selection Clauses

Where Greek government revoked license to build casino near Athens, District of Columbia Circuit holds that, despite repudiation of substantive contract terms, forum-selection clause in license was severable and required plaintiff to litigate in Greek courts

Gun Control

Citing cross-border trade in illegal guns with United States, Canadian Supreme Court upholds constitutionality of 1995 Firearms Act; imposition of licensing and registration obligations on owners of ordinary firearms was valid exercise of Parliament's criminal law powers

Human Rights

European Court of Human Rights unanimously rules that failure of Turkish tribunals to carefully evaluate Iranian citizen's asylum claims that her allegedly adulterous behavior would likely subject her to stoning or flogging upon her deportation back to Iran violated Articles 3 and 13 of the European Convention

Patents

English Court of Appeal dismisses appeal of inventor in unsuccessful suit against English patent agents for failing to make sure that American patent searchers it had engaged did proper and thorough search of American patents on jukeboxes

Privacy

EU Commission issues Decision on adequacy of protection of personal data transferred from EU to U.S., and responds to questions asked by U.S. Department of Commerce

Sovereign Immunity

In case where contract of Yemenite company with U.S. for supply of U.S. wheat fell through for failure of Yemenite company to provide letter of credit, Eleventh Circuit finds jurisdiction over Ministry as controlling Yemenite company and holds FSIA "arbitration" and "commercial activity" exceptions applicable

Taxation

Russian Federation amends tax code provisions dealing with VAT, Excise Taxes, Personal Income Tax and Unified Social Tax with substantial impacts on companies and individuals

Topics in Brief

India implements "bar code" requirement for consumer products. Human Rights group sues high Chinese official over human rights abuses. EU again revises Yugoslavia sanctions and continues to suspend for an additional limited period of time the flight ban between the EU and Yugoslavia. German Court imposes swift and severe punishments on "skinheads" for murder of immigrant. EU bars imports of rough diamonds from Sierra Leone.

Vienna Convention (Consular Relations)

In case where two Mexican nationals were transporting illegal aliens, Seventh Circuit assumes (without deciding) that Article 36 of Vienna Consular Convention grants individual rights but nevertheless declines to keep out inculpatory statements made where authorities violated Vienna Convention

World Trade Organization

WTO Appellate Body affirms findings that U.S. Anti-Dumping Act of 1916 violates GATT and WTO trading rules in that it lacks requirement of showing "material injury" or industry support and authorizes treble damages and criminal penalties rather than trade sanctions