AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 6 PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 6 PDF full book. Access full book title AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 6 by Oceana Editorial Board. Download full books in PDF and EPUB format.
Author: Oceana Editorial Board
Publisher:
ISBN: 0199758905
Category : Law
Languages : en
Pages : 460
Get Book Here
Book Description
AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Six of AILC includes the exceptions and limitations of procedural aspects, such as the Political Question Doctrine, the Federal Tort Claims Act, the Foreign Affairs Doctrine, and the Vienna Convention on Consular Relations. The volume also includes cases involving diplomacy and diplomatic immunity and treaties and agreements. In Mani Kumari Sabbithi v. Major Waleede KH N.S. AL SALEH, domestic workers from India sued their employers and the state of Kuwait under the Trafficking Victims Protection Act of 2000, the Fair Labor Standards Act, and various contract and tort claims. The court granted the defendants' motion to dismiss based on diplomatic immunity. In In re B. Del C.S.B., the issue was whether a child of Mexican origin, whose mother wrongfully retained her in the United States, should be allowed to stay in her current home while custody proceedings are conducted in the United States, or whether she should be returned to Mexico while the proceedings are conducted there. The court examined whether a child is not settled for the purposes of Article 12 of the Hague Convention.
Author: Oceana Editorial Board
Publisher:
ISBN: 0199758905
Category : Law
Languages : en
Pages : 460
Get Book Here
Book Description
AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Six of AILC includes the exceptions and limitations of procedural aspects, such as the Political Question Doctrine, the Federal Tort Claims Act, the Foreign Affairs Doctrine, and the Vienna Convention on Consular Relations. The volume also includes cases involving diplomacy and diplomatic immunity and treaties and agreements. In Mani Kumari Sabbithi v. Major Waleede KH N.S. AL SALEH, domestic workers from India sued their employers and the state of Kuwait under the Trafficking Victims Protection Act of 2000, the Fair Labor Standards Act, and various contract and tort claims. The court granted the defendants' motion to dismiss based on diplomatic immunity. In In re B. Del C.S.B., the issue was whether a child of Mexican origin, whose mother wrongfully retained her in the United States, should be allowed to stay in her current home while custody proceedings are conducted in the United States, or whether she should be returned to Mexico while the proceedings are conducted there. The court examined whether a child is not settled for the purposes of Article 12 of the Hague Convention.
Author: Oceana Editorial Board
Publisher:
ISBN: 019975893X
Category : Law
Languages : en
Pages : 349
Get Book Here
Book Description
AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Nine of AILC concerns topics in international trade, such as agency, employment, and labor, and transportation carriers. The volume also includes issues in customs law, environmental law, human rights, and criminal law. In World Fuel Corporation v. Geithner, the issue was whether the Office of Foreign Assets Control, United States Department of the Treasury properly denied World Fuel Corporation a license to access the blocked assets of one of WFC's debtors. The district court remanded the matter to the OFAC for de novo consideration. The circuit court dismissed for lack of jurisdiction. In United States v. Rodriguez, the principal issue was whether the Hostage Act has been validly applied to defendants who perpetrated an extortion scheme that used brief confinement of a taxi passenger to obtain a somewhat above average taxi fare. The court concluded that the Hostage Act does not apply to the facts of the case.
Author:
Publisher:
ISBN: 0199758875
Category : Law
Languages : en
Pages : 449
Get Book Here
Book Description
AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. The cases in Volume Three of AILC cover procedural aspects, including jurisdictional questions, forum non conveniens, choice of law, and discovery. The issue in Capital Ventures International v. Republic of Argentina was whether the Republic of Argentina explicitly waived its sovereign immunity from suit in the United States as to claims relating to bonds issued by Argentina under German law. The court found that there was subject matter jurisdiction over the claims relating to the German bonds because Argentina explicitly waived its sovereign immunity to suit in United States courts on those claims. In Aguas Lenders Recovery Group LLC v. Suez, S.A., Sociedad General de Aguas de Barcelona, S.A., Agua y Saneamientos Argentinos, S.A., the issue was whether, for the purposes of the doctrine of forum non conveniens, a non-signatory to an agreement may be bound by a forum selection clause and forum non conveniens waiver contained in contracts entered into by an entity alleged to be a predecessor in interest. The court held that such a non-signatory may be bound.
Author:
Publisher:
ISBN: 0199758859
Category : Law
Languages : en
Pages : 408
Get Book Here
Book Description
AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume One of AILC consists of cases involving international law in general and territories, trusteeships, boundaries and navigable waters. For example, in Abdullahi v. Pfizer, Inc., the Plaintiff-Appellants sued under the Alien Tort Statute (ATS), claiming defendants violated a customary international law norm prohibiting involuntary medical experimentation on humans. Among other rulings, the appellate court ruled that the district court incorrectly determined that the prohibition in customary international law against nonconsensual human medical experimentation cannot be enforced through the ATS, and reversed and remanded for further proceedings. In Cunzhu Zheng v. Yahoo! Inc., the plaintiffs alleged that Yahoo! China disclosed to the Peoples Republic of China (PRC) specific personal information about plaintiffs, and that, as a result of the disclosures, plaintiffs were subjected by the PRC to serious injuries and serious economic damages. The court examined whether the Electronic Communications Privacy Act applies outside the United States and ruled that it did not.
Author: Oceana Editorial Board
Publisher:
ISBN: 0199758867
Category : Law
Languages : en
Pages : 413
Get Book Here
Book Description
AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Two of AILC consists of cases concerning territories, trusteeships, boundaries and navigable waters, covering marine torts and crimes and death on the high seas by wrongful act. Also covered are procedural aspects, including in personam jurisdiction, extraterritoriality, and forum selection clauses. In Atlantic Sounding Co., Inc. v. Edgar L. Townsend, the issue was whether an injured seaman may recover punitive damages for his employer's willful failure to pay maintenance and cure. The court ruled that punitive damages were available as a matter of general maritime law. The issue in Jose Marcial Reyes-Fuentes, et al., v. Shannon Produce Farm, Inc., et al. was whether the Fair Labor Standards Act's (FLSA) provision provides a cause of action to foreign workers located abroad who are denied re-hire in retaliation for exercising their rights under the FLSA. The court ruled that neither the FLSA nor general extraterritoriality principles stand in the way of the plaintiffs' retaliation claim.
Author:
Publisher:
ISBN: 0199758891
Category : Law
Languages : en
Pages : 393
Get Book Here
Book Description
AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Five of AILC covers procedural aspects, the Foreign Sovereign Immunities Act and the commercial exception, the Act of State Doctrine, U.S. Sovereign Immunity, and the Alien Tort Claim Act. In Sonia Ghawanmeh v. Islamic Saudi Academy, an issue was whether the Kingdom of Saudi Arabia's operation of the Islamic Saudi Academy constitutes commercial activity under the Foreign Sovereign Immunities Act. An issue in Vishranthamma Swarna v. Badar al-Awadi was whether the individual defendants, by virtue of their diplomatic immunity, or Kuwait, by virtue of its sovereign immunity, are immune from any or all of the plaintiff's claims. The plaintiff brought claims under international law for trafficking, involuntary servitude, enslavement, forced labor, and sexual slavery.
Author: Oceana Editorial Board
Publisher:
ISBN: 0199758921
Category : Law
Languages : en
Pages : 363
Get Book Here
Book Description
AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Eight of AILC involves issues involving aliens, such as deportation, extradition, aiding and transporting illegal aliens, and border entry. It also includes issues in international courts and issues surrounding war, belligerency, and neutrality. In Gherebi v. Obama, the petitioners, detainees at Guantanamo Bay, challenge the legality of their confinement by the government, seeking the issuance of writs of habeas corpus to secure their release from detention. The issue was whether the President has the authority to detain individuals as part of its ongoing military campaign against al-Quaeda and, if so, what is the scope of that authority. In Vinyls, Inc. v. United States, the issue was whether the Court of International Trade correctly concluded that the imported product, whose textile component is made entirely of man-made fibers, is a product with textile components in which man-made fibers predominate by weight over another single textile fiber. The court concluded that the Court of International Trade Correctly classified the subject goods.
Author: Oceana Editorial Board
Publisher:
ISBN: 0199758913
Category : Law
Languages : en
Pages : 404
Get Book Here
Book Description
AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Seven of AILC includes cases on multilateral conventions such as the Montreal Protocol and the Convention Against Torture. The volume also concerns the status and rights of aliens, involving asylum and deportation procedures and due process rights. In Rashad v. Mukasey, the petitioner submitted a petition for asylum, withholding of removal, and protection under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Immigration Judge (IJ) rejected the petition since it was filed past the one year statutory period. The circuit court affirmed the IJ's decision and found that the evidence and testimony offered by the petitioner was insufficient to compel a reasonable fact finder to conclude that more likely than not he would be tortured or persecuted if he were to return to Pakistan. In Arar v. Ashcroft, Arar alleged a violation of the Torture Victim Protection Act and his Fifth Amendment substantive due process rights arising form the conditions of his detention in the United States, the denial of his access to counsel and to the courts while in the United States, and his detention and torture in Syria. The court examined whether Arar's extraordinary rendition claim could be examined under a new context.
Author:
Publisher:
ISBN: 0199758883
Category : Law
Languages : en
Pages : 336
Get Book Here
Book Description
AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Four of AILC covers procedural issues, including those in foreign proceedings. The volume also covers the Foreign Sovereign Immunities Act. The appellate court in El Paso Corporation v. La Comision Ejecutiva Hidro Electrica del Rio Lempa affirmed the district court's denial of the plaintiff's request for discovery for use in a private international arbitration proceeding. The arbitration was conducted pursuant to the parties' agreement under the United Nations Commission on International Trade Law arbitration rules, El Salvadoran substantive law, and Swiss procedural law. In Muhamed Sacirbey v. Joseph R. Guccione, the issue was whether an arrest warrant issued by a foreign court that no longer has jurisdiction over the accused, nor the power to enforce the warrant, can provide an adequate basis for the extradition of a United States citizen.
Author: Vartan Matiossian
Publisher: Bloomsbury Publishing
ISBN: 0755641108
Category : Social Science
Languages : en
Pages : 299
Get Book Here
Book Description
This book explores the genealogy of the concept of 'Medz Yeghern' ('Great Crime'), the Armenian term for the mass murder and ethnic cleansing of the Armenian ethno-religious group in the Ottoman Empire between the years 1915-1923. Widely accepted by historians as one of the classical cases of genocide in the 20th century, ascribing the right definition to the crime has been a source of contention and controversy in international politics. Vartan Matiossian here draws upon extensive research based on Armenian sources, neglected in much of the current historiography, as well as other European languages in order to trace the development of the concepts pertaining to mass killing and genocide of Armenians from the ancient to the modern periods. Beginning with an analysis of the term itself, he shows how the politics of its use evolved as Armenians struggled for international recognition of the crime after 1945, in the face of Turkish protest. Taking a combined historical, philological, literary and political perspective, the book is an insightful exploration of the politics of naming a catastrophic historical event, and the competitive nature of national collective memories.
