AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 4
Series: American International Law Cases, Fourth Series: 2006-Present;
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Product details:
- Publisher OUP USA
- Date of Publication 6 January 2011
- ISBN 9780199758883
- Binding Hardback
- No. of pages334 pages
- Size 184x260x25 mm
- Weight 771 g
- Language English 0
Categories
Short description:
American International Law Cases is the only case law reporter that presents U.S. domestic court opinions related to international law. Since Oceana handpicks each case and categorizes each according to topic, legal researchers will find that this series has already completed for them the first few tedious steps of research. With American International Law Cases, the time-consuming process of weeding out unhelpful cases from an online search is no longer necessary.
MoreLong 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.
Table of Contents:
Pre: Introductory Note/Note on How to Use the Volumes
III. PROCEDURE
6. Foreign Proceedings
A. Judgment Enforcement and Arbitration
B. Parallel Proceedings
C. Discovery
D. Fifth Amendment and Habeas Corpus in Foreign Jurisdictions
7. Service of Process
8. Exceptions & Limitations
A. Foreign Sovereign Immunities Act
i. In General
ii. Terrorism Exception