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10 Int'l L. Update 1 (2004)

handle is hein.journals/intlwup10 and id is 1 raw text is: A monthly report on public and private international legal developments Interationa( Law Upbate Editors: Professor John R. Schmertz, Jr., Georretown Universit. Law Center, and Mike Meier, Esq. Vol. 10 January 2004 January Highlights ,w English Family Court decides whether Hague Convention on Civil Aspects of International Child Abduction and United Kingdom's implementing statute authorize it to order interim arrangements, including possible electronic tagging, to ensure that Irish mother and child she abducted from California remain within English Court's jurisdiction pending further proceedings (page 2) -w As matter of first impression, Fifth Circuit determines whether anti- discrimination provisions of Americans with Disabilities Act (ADA) apply to foreign-flagged cruise ships (page 4) _-w In securities action where plaintiffs sought production of documents from Dutch auditor, Second Circuit rules on whether foreign clients' documents originally submitted to its New York law firm enjoy any further protection after client has authorized firm to disclose them to Securities and Exchange Commission (page 5) -w In 6 to 3 split, Supreme Court of Canada decides whether Canadian courts should enforce substantial default judgment entered by Florida court against Canadian citizens in litigation over their Florida land (page 6) -w On interlocutory appeal, District of Columbia Circuit determines, in light of Supreme Court's ruling in Republic of Argentina v. Weltover, whether alleged breach of payment obligation within United States can be enough to support federal subject matterjurisdiction under Foreign Sovereign Immunities Act based on its direct effect test (page 9) -w Second Circuit rules on whether alleged al Qaeda operative who was seized in the United States is entitled as American citizen to constitutional protections and whether government can hold him incommunicado in military custody based on Presidential designation as enemy combatant (page Jo) w- Ninth Circuit decides whether United States exercises territorial jurisdiction and sovereignty over Guantanamo Bay naval base located in Cuba, so that federal district courts have jurisdiction over habeas corpus petitions of foreign detainees held there (page 12) IN BRIEF TOPICS INCLUDE: U.S. and four Central American countries conclude Free Trade Act. - EU rescinds retaliatory customs measures on steeL - Peru regains funds misappropriated during Fujimori regime. - EU imposes countermeasures in foreign sales corporation dispute with U.S. - French court awards substantial damages against Morgan Stanley (page 14)

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