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Case Citations [i] (Spring 2024)

handle is hein.ali/rethdfr0050 and id is 1 raw text is: * THE AMERICAN LAW INSTITUTE Spring 2024 Citations THE FOREIGN RELATIONS LAW OF THE UNITED STATES 3D PART I. INTERNATIONAL LAW AND ITS RELATION TO UNITED STATES LAW CHAPTER 1. INTERNATIONAL LAW: CHARACTER AND SOURCES § 102. Sources of International Law C.A. 9, 2023. Cit. in sup. Chinese and American members of a Chinese religious organization filed a class action against multinational corporation headquartered in California, alleging that defendant aided and abetted the government of China in committing human rights abuses by designing a surveillance system for the Chinese government that the Chinese government used to identify, detain, and torture plaintiffs. The district court granted defendant's motion to dismiss plaintiffs' claim for aiding and abetting under the Alien Tort Statute (ATS). This court reversed in part and remanded, holding that plaintiffs plausibly alleged that defendant knowingly provided significant technological assistance to the government of China with substantial effect on its international-law violations. The court noted that Restatement Third of Foreign Relations Law § 102 recognized aiding and abetting liability as a specific and universal form of liability under customary international law. Doe I v. Cisco Systems, Inc., 73 F.4th 700, 718. C.A.D.C.2023. Subsec. (1) cit. in case cit. in sup., subsec. (2) quot. 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. Citing Restatement Third of Restatement Third of Foreign Relations Law § 102, the court noted that it looked to customary international law to determine survivors' rights as stateless persons, because survivors did not rely on an express international agreement. Simon v. Republic of Hungary, 77 F.4th 1077, 1097. 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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