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Case Citations [1] (Fall 2024)

handle is hein.forrel/restfrus4212 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations THE FOREIGN RELATIONS LAW OF THE UNITED STATES 4TH: SELECTED TOPICS IN TREATIES, JURISDICTION, AND SOVEREIGN IMMUNITY PART IV. JURISDICTION, STATE IMMUNITY, AND JUDGMENTS CHAPTER 1. PRESCRIPTION SUBCHAPTER B. CUSTOMARY INTERNATIONAL LAW GOVERNING JURISDICTION TO PRESCRIBE § 408. Jurisdiction Based on Territory C.A.1, 2023. Com. (b) and Rptr's Note 3 cit. in case quot. in ftn. to diss. op. (general cite). Costa Rican nationals appealed their convictions for violating the Maritime Drug Law Enforcement Act by trafficking drugs on the high seas and within the United States' jurisdiction while on board a covered vessel, contending that their foreign vessel was not subject to the jurisdiction of the United States under the Act. While sitting en banc, this court affirmed the convictions, holding that the Act's reference to any vessel subject to the jurisdiction of the United States when defining a covered vessel did not limit the subject-matter jurisdiction of federal courts over federal criminal prosecutions, noting that the indictments charging nationals with a violation of the Act did not solely rely on nationals being aboard a vessel without nationality. The dissenting opinion noted that Restatement Fourth of the Foreign Relations Law of the United States § 408 did not establish that the prevailing view of the law of nations was that the interdicting country acquired the same territorial jurisdiction over the stateless vessel's occupants as it acquired over the vessel itself. United States v. Davila-Reyes, 84 F.4th 400, 467. COPYRIGHT (02024 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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