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Case Citations [1] (Spring 2024)

handle is hein.ali/resfrlus0053 and id is 1 raw text is: * THE AMERICAN LAW INSTITUTE Spring 2024 Citations FOREIGN RELATIONS LAW OF THE UNITED STATES 2D Generally C.A.D.C.2023. Cit. generally in sup. In a consolidated action arising out of Hungary's confiscation of property owned by Jews during the Holocaust, Holocaust survivors, among others, sued Hungary and Hungarian agency under the Foreign Sovereign Immunities Act, seeking compensation for seizure of their property and alleging that survivors were stateless at the time of seizure. On remand from the U.S. Supreme Court, the district court granted Hungary's motion to dismiss. This court affirmed, holding that survivors did not demonstrate that Hungary's taking of property owned by stateless persons violated customary international law for the purposes of the expropriation exception to sovereign immunity under the Act. The court noted that the Restatement Second of Foreign Relations Law bore authoritative weight in interpreting the Act, and here, survivors, as stateless persons, were generally without remedy under international law for takings claims against expropriating states. Simon v. Republic of Hungary, 77 F.4th 1077, 1097. INTRODUCTION § 3. Effect of Violation of International Law D.P.R.2022. Subsec. (3) cit. in case quot. in sup. Foreign nationals who worked on a fishing vessel registered in Venezuela filed a motion to dismiss their indictment by a federal grand jury for conspiracy to possess with intent to distribute controlled substances in violation of the Maritime Drug Law Enforcement Act, alleging that the court lacked jurisdiction to adjudicate the charges against them, because Congress did not have authority to criminalize defendants' conduct in international waters off the coast of Venezuela. This court denied defendants' motion to dismiss, holding that the government's assertion of extraterritorial jurisdiction was proper. The court explained that, under the territorial principle set forth in Restatement Second of Foreign Relations Law § 3, the United States had jurisdiction to enforce laws in foreign territory to the extent permitted by international agreements, and COPYRIGHT (2024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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