SYSTEMS OF CONTROL IN INTERNATIONAL ADJUDICATION AND ARBITRATION By W. Michael Reisman Durham and London: Duke University Press, 1992. Pp. 174. LEGISLATIVE RESPONSES TO TOBACCO USE By World Health Organization Dordrecht, The Netherlands: Martinus Nijhoff Publishers, 1991.Pp. 226. IMPORT AND CUSTOMS LAW HANDBOOK By Michael J. Horton New York, New York: Quorom Books, 1992. Pp. 308. $55.00. THE LAW AND ECONOMIC DEVELOPMENT IN THE THIRD WORLD Edited by P. Ebow Bondzi-Simpson New York, New York: Praeger Publishers 1992. Pp. 200. $49.95.
This CASE DIGEST provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories and references are given for further research. I. NATIVE AMERICANS/JURISDICTION NATIVE AMERICAN TRIBAL COURT DOMESTIC RELATIONS DETERMINATION ENTITLED TO FULL FAITH AND CREDIT PURSUANT TO INDIAN CHILD WELFARE ACT OF 1978 DESPITE CHALLENGE BY STATE OF ALASKA BASED ON PUBLIC LAW 280. Native Village of Venetie LR.A. Council v. Alaska, 918 F.2d 797 (9th Cir. 1990). II. INTERNATIONAL TRADE TARIFF ACT OF 1930 PROVISION REQUIRING CASE-BY-CASE DETER-MINATION BY INTERNATIONAL TRADE COMMISSION OF WHAT CONSTITUTES CHANGE IN CIRCUMSTANCES SUFFICIENT TO REVIEW EXISTING ANTIDUMPING ORDER UPHELD OVER CHALLENGE TO LEGAL STANDARD BY IMPORTER SUBJECT TO ANTIDUMPING ORDER. AvestaAB v. United States, 914 F.2d 233 (Fed. Cir. 1990). III. WAR UNDER ARTICLE I, SECTION 8, CLAUSE 11 OF THE UNITED STATESCONSTITUTION, A FEDERAL DISTRICT COURT MAY ENJOIN MILITARYACTION ONLY IF CONGRESS HAS DECLARED WAR OR THE PRESIDENTIs ABOUT TO COMMENCE HOSTILTIE-Dellums v. Bush, 752 F. Supp. 1141 (D.D.C. 1990).
The Detention and Torture of a United States Citizen by Foreign Government During the Course of his job, Recruited and Hired in the United States to serve as a foreign government employee, constitutes action based upon commercial activity carried on in the United States by a foreign state for which the foreign government is not immune under the Foreign Sovereign Immunity Act, Nelson v. Saudi Arabia, 923 F.2d 1528 (11th Cir. 1991). Introduction of Negotiable Promissory Notes into the United States by Foreign States for Purposes of Raising Capital constitutes commercial activity having substantial contact with the United States barring the foreign states' right to sovereign immunity, Shapiro v. Republic of Bolivia 930 F.2d 1013 (2nd Cir. 1991)., Title VII does not apply extraterritorially to regulate employment practices of United States employers who employ United States citizens abroad, E.E.O.C. v. Arabian American Oil Co., 111 S. Ct. 1227 (1991). Punitive Dames not Recoverable in Actions Governed by Warsaw Convention for Air Carrier's willful misconduct, In Re Air Disaster at Lockerbie Scotland, 928 F.2d 1267 (2d Cir.1991). Warsaw Convention bars Recovery of damages for purely mental injuries, Eastern Airlines, Inc. v. Floyd, U.S. - 111 S.Ct. 1489 (1991).
MEDICAL MALPRACTICE ABROAD BY UNITED STATES PHYSICIAN IN CONNECTION WITH DEPARTMENT OF STATE REGULATIONS GOVERNING TORT CLAIMS PROVIDED FOR AN INVESTIGATIVE PROCEDURE FOLLOWED BY AGENCY DECISION--AGENCY FOR INTERNATIONAL DEVELOPMENT HOLDS NO CONSTITUTIONAL OBLIGATIONS TO EVALUATE MEDICAL MALPRACTICE CLAIM ON THE MERITS AND IN ACCORD WITH MINIMAL DUE PROCESS. Tarpeh-Doe v. United States, 904 F.2d719 (D.C. Cir. 1990). THE FOREIGN CORRUPT PRACTICES ACT DOES NOT CREATE AN IMPLIED PRIVATE RIGHT OF ACTION THAT KENTUCKY TOBACCO GROWERS COULD USE TO RECOVER DAMAGES FROM COMPANIES THAT ALLEGEDLY ENGAGED IN CORRUPT PRACTICES TO THE DETRIMENT OF GROWERS. THE ACT OF STATE DOCTRINE, HOWEVER, DOES NOT NECESSARILY SERVE AS A BAR TO ACTIONS INVOLVING ANTITRUST VIOLATIONS BY FOREIGN GOVERNMENTS. Lamb v. Phillip Morris, Inc., 915 F.2d 1024 (6th Cir. 1990). UNITED STATES DISTRICT COURT LACKED SUBJECT MATTER JURISDICTION UNDER THE UNITED NATIONS CONVENTION ON RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS TO VACATE AN ARBITRATION AWARD ENTERED IN MEXICO DESPITE APPLICATION OF DOMESTIC LAW TO SETTLE UNDERLYING DISPUTE--LANGUAGE OF ARTICLE V(1)(e) OF THE CONVENTION STATING THAT AN AWARD MAY BE VACATED ONLY BY THE COURTS OF THE COUNTRY UNDER WHOSE LAW THE AWARD WAS MADE, REFERS ONLY TO THE PROCEDURAL LAW APPLIED BY THE ARBITRATORS, NOT THE SUBSTANTIVE LAW APPLIED TO THE DISPUTE--International Standard Elec. Corp. v. Bridas Sociedad Anonima Petrolera, Industrial y Commercial, 745 F. Supp. 172(S.D.N.Y. 1990). PASSPORT IS "CONCLUSIVE EVIDENCE" OF CITIZENSHIP AND MAY NOT BE REVOKED BY SECRETARY OF STATE UNLESS PASSPORT HOLDER IS GIVEN A HEARING PRIOR TO REVOCATION--REVOCATION MAY BE HAD ONLY ON THE BASIS OF FRAUD, MISREPRESENTATION, AND OTHER EXCEPTIONAL GROUNDS--Magnuson v. Baker, 911 F.2d 330 (9th Cir. 1990).
This Case Digest provides brief analyses of cases that address current transnational legal issues. The Digest includes cases that set forth new legal principles and cases that apply established legal principles to new factual situations. The cases have topical headings and references are given for further research. EL SALVADORAN SOLDIER WHO REFUSED TO PARTICIPATE IN ASSASSINATION SCHEME GRANTED POLITICAL ASYLUM IN THE UNITED STATES BECAUSE HE DEMONSTRATED "WELL-FOUNDED FEAR" OF PERSECUTION IN EL SALVADOR, Barraza Rivera v. Immigration & Naturalization Service, 913 F.2d 1443 (9th Cir. 1990). THIRD CIRCUIT HOLDS THAT THE EQUAL ACCESS TO JUSTICE ACT DOES NOT APPLY IN DEPORTATION PROCEEDINGS BEFORE THE IMMIGRATION AND NATURALIZATION SERVICE-REFUSAL TO FOLLOW THE NINTH CIRCUIT, Clarke v. INS, 904 F.2d 172 (3d Cir. 1990). IRANIAN CORPORATION ATTEMPTED TO COLLECT DEBT FOR PAYMENT OF SERVICES RENDERED IN IRAN TO UNITED STATES COMPANY PRIOR TO IRANIAN REVOLUTION UNDER THE EXTRATERRITORIALITY EXCEPTION TO THE ACT OF STATE DOCTRINE-EXCEPTION HELD INAPPLICABLE--F. & H.R. Farman-Farmaian Consulting Engineers Firm v. Harza Engineering Company, 882 F.2d 281 (7th Cir. 1989),cert. denied, 110 S. Ct. 3301 (1990)
Books Received CONTRACT LAW IN THE U.S.S.R. AND THE UNITED STATES, VOL. I: HISTORY AND GENERAL CONCEPT By E. Allan Farnsworth and Viktor P. Mozolin Washington, D.C.: International Law Institute, 1987. Pp.xiii, 340. $35.00 ======================== FOREIGN RELATIONS AND NATIONAL SECURITY LAW: CASES, MATERIALS AND SIMULATIONS By Thomas M. Franck and Michael J. Glennon St. Paul, Minnesota: West Publishing Company, 1987. Pp.lxiv, 941 ======================= THE GRAND STRATEGY OF THE UNITED STATES IN LATIN AMERICA By Tom J. Farer New Brunswick, New Jersey: Transaction Books, 1988. Pp. xxxii, 294 =========================== JUDGES By David Pannick New York: Oxford University Press,1987. Pp. vii, 255. $21.95 ============================ LETTERS OF CREDIT: CURRENT THINKING IN AMERICA By William C. Hillman Stoneham, Massachusetts: Butterworth Legal Publishers, 1987. Pp. vi, 300 =========================== LLOYD'S MARITIME LAW YEARBOOK 1987 By Michael Daiches London: Lloyd's of London Press, Ltd., 1988. Pp. xx, 238. $130.00 ============================== BEYOND ADJUSTMENT: THE ASIAN EXPERIENCE By Paul Streeten Washington, D.C.: International Monetary Fund, 1988. Pp. xii, 274.$15.00 ============================= LEGAL STRUCTURE OF INTERNATIONAL TEXTILE TRADE By Henry R. Zheng Westport, Connecticut: Greenwood Press, 1988. Pp. xi, 228.$45.00
Picketing Outside Foreign Embassies is Protected Speech Under the First Amendment and Restrictions on this Speech Must Serve a Compelling Government Interest and be Narrowly Tailored to the Specific Situation--Boos v. Barry, 108S.Ct. 1157 (1988). ==================== Notions of Comity and the Act of State Doctrine Preclude U.S. Federal Courts from Exercising Jurisdiction over the Actions of Foreign Corporations when Those Actions Constitute a Violation of U.S. Antitrust Laws but are Protected by Legislation in a Foreign Country--O.N.E. Shipping Ltd. v. Flota Mercante Grancolombiana, S.A., 830 F.2d 449 (2d Cir.1987).
Private Citizens Do Not Have a Cause of Action to Enforce Judgments of the International Court of Justice--Committee of United States Citizens in Nicaragua v. Reagan, 859 F.2d 929 (D.C. Cir. 1988) The Foreign Sovereign Immunities Act Precludes Domestic Court Jurisdiction Over a Cause of Action Arising Out of Airplane Crash in a Foreign Country When the Airplane Is Owned by an Instrumentality of the Foreign Government -Compania Mexicana de Aviacion v. U.S. Dist. Court, 859 F.2d 1354(9th Cir. 1988). An Unrecognized Panamanian Regime Lacks Standing to Intervene in an Action Brought by the Recognized Panamanian Government to Enjoin the Transfer of Panamanian Government Funds Out of American Banks-- Republic of Panama v. Citizens & Southern International Banks, 682 F. Supp. 1544 (S.D. Fla.1988) An Instrumentality of an Unrecognized Foreign Government has Standing to Bring Suit in a United States Court if the Executive Branch Consents --National Petrochemical Co. v. MIT Salt Sheaf, 860 F.2d 551 (2d Cir. 1988)
TREATY INTERPRETATION: THEORY AND REALITY By Edward Slavko Yambrusic Lanham, Maryland: University Press of America, 1987. Pp.xi, 298. $28.50 hardcover, $15.75 softcover. =============== WORLD TRADE RIVALRY: TRADE EQUITY AND COMPETING INDUSTRIAL POLICIES By William A. Lovett Lexington, Massachusetts: D.C. Heath, 1987. Pp. xxxv, 260. $35.00. =================== A COMPENDIUM OF STATE STATUTES AND INTERNATIONAL TREATIES IN TRUST AND ESTATE LAW: A REFERENCE AND REFERRAL GUIDE FOR PRACTICING ATTORNEYS: THEORY AND REALITY By M. Henner Westport, Connecticut: Greenwood Press, 1985. Pp. xii, 279. $55.00. ===================== MIDDLE EAST LEGAL SYSTEMS By Sayed Hassan Amin Glasgow:Royston Limited, 1985. Pp. xv, 419. ================== GRENADA: A STUDY IN POLITICS AND THE LIMITS OF INTERNATIONAL LAW By Scott Davidson Brookfield, Vt: Gower Publishing Co., 1987.Pp. xii, 196, $41.50. ========================= THE VALUATION OF NATIONALIZED PROPERTY IN INTERNATIONAL LAW, VOLUME IV Edited by Richard B. Lillich Charlottesville: The University Press of Virginia, 1987. Pp. xvii, 238, $30.00. ===================== WAGE DETERMINATION AND INCOMES POLICY IN OPEN ECONOMIES By Anne Romanis Braun Washington, D.C.: International Monetary Fund, 1986. Pp. xix, 350. $18.50.
Case Digest Materiality Standard for Concealment or Misrepresentation under Immigration and Nationality Act § 1451(a) is Sufficient to Influence an Immigration and Naturalization Service Decision; The Test of Good Moral Character under § 1101(f)(6) Does Not Require a Finding of Materiality for any False Testimony --Kungys v. United States, 108 S. Ct. 1537 (1988) The Broad Subpoena Power of the Immigration and Naturalization Service does not Authorize Issuance of a Blanket John Doe Subpoena to Gather Information Regarding Unidentified Aliens--Peters v. United States, 853 F.2d 692 (9th Cir.1988) Routine Strip Searches of Detained Juvenile Aliens Violate Juveniles' Fourth Amendment Rights--Flores v. Meese, 681F. Supp. 665 (C.D. Cal. 1988). The Act of State Doctrine does not Bar a Competitor's Antitrust and Racketeering Actions Against a Company that Allegedly Secured a Foreign Military Procurement Contract by Bribing Foreign Officials --"Environmental Tectonics v. W.S. Kirkpatrick, Inc.", 847 F.2d 1052 (3d Cir. 1988).
Neither Private Refugee Assistance Agency Nor its Members have Standing to Contest U.S. Interdiction of Foreign Vessels on High Seas Carrying Undocumented Aliens Haitian Refugee Center v. Gracey, No. 85-5258, slip op. (D.C. Cir. Jan. 9, 1987). Separation of Citizen Children from Illegal Alien Parents Should be Considered when Determining Extreme Hardship Deportation Proceedings -Cerillo-Perez v. INS, 55 U.S.L.W.2457 (9th Cir. 1987). California State Court's Exercise of Personal Jurisdiction over Japanese Manufacturer to Indemnify Taiwanese Company is Unreasonable and Unfair in Violation of Due Process. Asahi Metal Industry Co. v. Superior Court of California, 107 S. Ct.1026 (1987). Nondiscriminatory Ad Valorem State Property Tax on Imported Goods Held in Custom-Bonded Warehouses intended for Domestic Consumption is Constitutional. R.J. Reynolds Co. v. Durham County, N.C., 107 S.Ct. 499 (1986). Panama Canal Treaty Exempts U.S. Citizens Employed by the Panama Canal Commission from Panamanian Taxation but not U.S. Taxation O'Connor v. U.S., 107 S. Ct. 347 (1986). Foreign Sovereign Immunities Act Does Not Operate Retroactively to Confer Subject Matter Jurisdiction over People's Republic of China Default on Government Bonds Issued in 1911. Jackson v. People's Republic of China, 794 F.2d 1490 (11th Cir. 1986). Act of State Doctrine does not Bar Texas Depositor's Allegation that Mexican Bank and its Agents Negligently Misrepresented the Security of Mexican Investments. Grass v. Credito Mexicano, S.A., 797 F.2d 220 (5th Cir. 1986). Narrow Scope of Habeas Corpus Review of a Magistrate's Extradition Order applies to Review of Pre-Extradition Provisional Detention Hearing. In the Matter of the Extradition of Russell, 805 F.2d 1215 (5th Cir. 1986).
Act of State Doctrine and Foreign Sovereign Immunities Act Do Not Necessarily insulate a Foreign Government from Civil Liability for the Assassination of a Person on United States Soil - Liu v. Republic of China, slip op. No. 85-7461 (N.D. Cal. Aug. 11, 1986) Political Offense Exception does not Apply to Bar Extradition if Offenses are Committed Where no Uprising Exists--Quinn v. Robinson, 783 F.2d 776 (9th Cir. 1986). United States Courts have no Authority to Enforce Foreign Judgments when the Request for Judicial Assistance is made via Letters Rogatory Filed Directly in the Court, In Re Civil Rogatory Letters Filed by the Consulate of the United States of Mexico, 640 F. Supp. 243 (S.D. Tex. 1986). Federal District Court had Subject Matter and Personal Jurisdiction Under the Foreign Sovereign Immunities Act and the Alien Tort Claims Act in Action Against Soviet Union for Violation of Diplomatic Immunity, Von Dardel v. Union of Soviet Socialist Republics, 623 F. Supp. 246 (D.C.D.C. 1985). Arbitrator's Order Reinstating with Backpay Two Undocumented Aliens was not Reviewable in Federal Court Because the Award did not Violate Public Policy and was Not in Disregard of the Law--Bevles Co. v. Teamsters Local 986, 791 F.2d 1391 (9th Cir. 1986).
RELIGIOUS ORGANIZATIONS AND MEMBERS OF CLERGY OF VARIOUS DENOMINATIONS LACK STANDING TO CHALLENGE ADOPTION AND IMPLEMENTATION OF DIPLOMATIC RELATIONS WITH THE VATICAN --Americans United for Separation of Church and State v. Reagan, 786 F.2d 194 (3d Cir.1986) =========== EVEN THOUGH PROCEEDINGS IN THE FOREIGN FORUM MAY TAKE MORE TIME AND MAY YIELD A SMALLER RECOVERY THAN PROCEEDING IN THE UNITED STATES FORUM, THE FOREIGN FORUM MAY BE CONSIDERED AN ADEQUATE FORUM FOR THE PURPOSES OF THE FORRUM NON CONVENIENS DOCTRINE --De Melo v. Lederle Laboratories, 801 F.2d 1058 (8th Cir. 1986) =============== ASSERTION OF PERSONAL JURISDICTION IN CALIFORNIA OVER AN INSURANCE FUND WHICH WAS DESIGNED TO COVER CALIFORNIA DOCTORS DID NOT VIOLATE FOURTEENTH AMENDMENT DUE PROCESS EVEN THOUGH THE FUND WAS BASED IN THE CAYMAN ISLANDS AND HAD NO PHYSICAL CONTACTS WITH CALIFORNA --Haisten v. Grass Valley Medical Reimbursement Fund, Ltd., 784 F.2d 1392 (9th Cir.1986) =============== PRIVATE CITIZENS LACK STANDING TO SUE THE ATTORNEY GENERAL FOR ALLEGED VIOLATIONS OF THE ETHICS IN GOVERNMENT ACT --Dellums v. Smith, No. 84-1525 (9th Cir. 1986)
Duress is Available Defense in Mitigation of Charges of Illegally Transporting Aliens into the United States--Pollgreen v. Morris slip op. No. 84-5217 (11th Cir. Sept. 17, 1985). Foreign Debtor not Compelled to File for Ancillary Proceeding under Bankruptcy Code; Court may grant Comity to Pending Foreign Bankruptcy Proceeding--Cunard SteamshipCo. Ltd. v. Salen Reefer Services A.B., 773 F.2d 452 (2d Cir.1985). Forum Selection Clause in Contract between Two Sovereigns is not Waiver of Right to Remove--Proyecfin de Venezuela v. Banco Industrial de Venezuela, 760 F.2d 390 (2d Cir.1985). Fifth Circuit Overrides Admiralty Rule and Invokes Provisions of Arbitration Treaty--Sedco, Inc. v. Petroleos Mexicanos Mexican National Oil Co., 767 F.2d 1140 (5th Cir. 1985). Judicial Review of Mexican Bank's Compliance with its Government's Exchange Control Regulations precluded by Act of State Doctrine despite Jurisdiction under Sovereign Immunity Exception--Callejo v. Bancomer, S.A., 764 F.2d 1101(5th Cir. 1985). United States District Courts have Jurisdiction over Permissive Counterclaims filed by United States Nationals Sued by Iran because the United States-Iran Agreements for the Release of American Hostages were not Self-Executing---Islamic Republic of Iran v. Boeing Co., 771 F.2d 1279 (9thCir. 1985). Foreign Sovereign Immunities Act provides the Soviet Union Immunity from a Spouse's Suit for Violations of Human Rights--Frolova v. Union of Soviet Socialist Republics, 761 F.2d370 (7th Cir. 1985). Violation of Internationally set Whaling Quotas Diminishes the Effectiveness of the International Convention for the Regulation of Whaling and Mandates the Secretary of Commerce to Certify that Fact to the President--American Cetacean Society v. Baldridge, 768 F.2d 426 (D.C. Cir. 1985).
Law of the Sea: U.S. Policy Dilemma Edited by Bernard H. Oxman, David D. Caron, and Charles L. Buderi San Francisco: ICS Press, 1983. Pp. x, 184. $21.95. The Fish Feud By David L. Vander Zwaag Lexington, Massachusetts: Lexington Books, 1983. Pp. xiii, 135. $21.95. Negotiating Foreign Investments: A Manual for the Third World Edited by Robert Hellawell and Don Wallace, Jr. Washington, D.C.: International Law Institute, 1982. $95.00. Political Rights for European Citizens By Guido Van DenBerghe United Kingdom: Gower Publishing Company, 1982. Pp.xii, 235. $38.00. The International Law of Pollution By Allen L. Springer Westport, Connecticut: Quorum Books, 1983. Pp. xiv, 218. $37.50. The Lome Conventions and Their Implications for the United States By Joanna Moss Boulder, Colorado: Westview Press, 1982. Pp. xvii, 218. $19.50. National Separatism Edited by Colin H. Williams Vancouver: University of British Columbia Press, 1982. Pp. ix, 317. $25.00. Governmental Budgeting and Expenditure Controls By A. Premchand --Washington, D.C.: International Monetary Fund,1983. Pp. xxii, 530. $18.00. Essays on International & Comparative Law in Honour of Judge Erades-- The Hague Martinus Nijhoff, 1983. Pp. xi,273. $41.50. The Office of the Attorney General in Ireland By J.P. Casey Dublin: Institute of Public Administration, 1980. Pp. 247.£ 11.99. The Winding-up of Insolvent Companies in England and France By Christopher Livadas The Netherlands: Kluwer Law and Taxation Publishers, 1983. Pp. xxxvi, 382. $70.00. International Law of State Responsibility for Injuries to Aliens Edited by Richard B. Lillich Charlottesville: University Press of Virginia, 1983. Pp. xi, 412. $35.00. Minority Rights By Jay A. Sigler Westport, Connecticut: Greenwood Press, 1983. Pp. 264. $29.95. Legal Aspects of Doing Business in Japan 1983 Edited by Edward J. Lincoln and Douglas E. Rosenthal United States: Practicing Law Institute, 1983. Pp. 512. $30.00. The Fund and China in the International Monetary System Edited by A.W. Hooke Washington, D.C.: ...
