American International Law Cases: Fourth Series, Volume 3

Hardcover | December 15, 2009

EditorAILC

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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 andchanges 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 deportationeligibility). 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 allowfor targeted research. Volume Three of AILC guides readers through issues as diverse as how to apply the new terrorism exception to asylum allowances and whether to honor foreign courts' judgments. This volume also addresses, in part, the Foreign Sovereign Immunities Act. In Heroth v. Saudi Arabia, the District Court forWashington, D.C. ruled that when a foreign government waives its immunity through its contract with a U.S. company, that waiver does not apply to third-party non-beneficiaries. The parallel proceedings of foreign courts and tribunals also play a significant role in this volume. In Gulf Petro TradingCo. v. Nigerian National Petroleum Corp., the 5th Circuit Court of Appeals held that it possesses no jurisdiction to hear cases that constitute collateral attacks on foreign arbitral awards. The court thus extended the principle of comity beyond courts themselves to the arbitration panels of foreignchambers of commerce. As in Volume Two, these three cases show that Volume Three reflects the growing prominence of international commerce in claims brought before U.S. courts.

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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 t...

AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues

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Format:HardcoverDimensions:400 pages, 7.28 × 10.24 × 0.98 inPublished:December 15, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019539836X

ISBN - 13:9780195398366

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Table of Contents

Pre: Introductory Note/Note on How to Use the VolumesPart III: Procedure1. JurisdictionE. Subject Matter2. Forum Non Conveniens3. Choice of Law4. Discovery5. Court of International Trade6. Foreign ProceedingsA. Judgment Enforcement and ArbitrationB. Parallel ProceedingsD. Fifth Amendment and Habeas Corpus in Foreign Jurisdictions7. Service of Process8. Exceptions and LimitationsA. Foreign Sovereign Immunities Acti. In General