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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/rethdfr0035 and id is 1 raw text is: THE FOREIGN RELATIONS LAW OF THE UNITED STATES 3D PART I. INTERNATIONAL LAW AND ITS RELATION TO UNITED STATES LAW CHAPTER 2. STATUS OF INTERNATIONAL LAW AND AGREEMENTS IN UNITED STATES LAW § 112. Determination and Interpretation of International Law: Law of the United States S.D.Fla.2015. Com. (c) cit. in sup. Wireless-phone company in the United States brought claims for violations of federal and state law against resident of Belize, as a result of defendant's alleged unlawful acquisition and resale of plaintiff's wireless-phone service. Plaintiff moved for an order, pursuant to Federal Rule of Civil Procedure 4(f), permitting service of process to be made upon defendant via FedEx. This court granted plaintiff's motion, holding that Article 10(a) of the Hague Service Convention permitted service by mail absent an objection by the destination country. In support of its holding, the court pointed to a letter filed with plaintiff's motion written on behalf of the U.S. Department of State instructing courts to permit such service by mail under Article 10(a) of the Hague Service Convention. The court noted that, pursuant to Restatement Third of Foreign Relations Law § 112, Comment c, the views expressed in the letter by the Executive Branch of the United States Government on questions of international law such as this were to be afforded substantial respect. Tracfone Wireless, Inc. v. Hernandez, 126 F.Supp.3d 1357, 1363. § 114. Interpretation of Federal Statute in Light of International Law or Agreement S.D.N.Y.2015. Cit. and quot. in sup. Creditors that were issued an award by the International Centre for Settlement of Investment Disputes (ICSID) against debtor, the Bolivarian Republic of Venezuela, brought an ex parte petition to convert their award into a federal-court judgment. The trial court granted creditors' petition. This court denied debtor's motion to vacate, holding that the procedures authorized by the enabling statute of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States were the appropriate procedures for this recognition proceeding. The court rejected debtor's argument that creditors had to comply with the Foreign Sovereign Immunities Act's (FSIA) requirement of a plenary action in the context of recognition of ICSID awards. Citing Restatement Third of Foreign Relations Law § 114, the court explained that requiring creditors to comply with FSIA would create significant tension with the ICSID Convention and its enabling statute. Mobil Cerro Negro Ltd. v. Bolivarian Republic of Venezuela, 87 F.Supp.3d 573, 591, 593. PART IV. JURISDICTION AND JUDGMENTS § 401. Categories of Jurisdiction A , aFor earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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