![handle is hein.journals/intlwup13 and id is 1 raw text is: Volume 13 1 January 2007
-l WAWATA
A monthly report on public and private
international legal developments
p
I HIGHLIGHTS
In dispute over contamination of oil shipment,
Second Circuit decides whether other instruments
may incorporate boilerplate arbitration clauses by
reference and whether lower court had properly
issued anti-suit injunction against parallel Nigerian
litigation under China Trade test PAGE 2
In answering question of EC customs law referred
to European Court of Justice under Article 234EC
by Dutch court, ECJ explains whether value of free
operating systems software added to imported Compaq
computers has to be included in transaction value of
said computers for Customs purposes 1 PAGE 3
European Court of Justice rules on whether decision
of EC Commission to file civil actions against U.S.
tobacco companies in U.S. federal court altered legal
rights of companies, thus entitling them to bring
action to annul under Article 230EC I0 PAGE 5
In murder case, Ninth Circuit reviews California
courts' fifteen-years-to-life sentence on extraditee from
Venezuela where extradition decree was conditioned
on sentencing other than for life PAGE 8
On application by U.S. defendant for change of
forum, English Commercial Court decides whether
risk of parallel U.S. proceedings or takeover of English
plaintiff by U.S. corporation required English court to
decline to enforce freely-bargained-for clause selecting
English forum for contract litigation PAGE 9
Ontario Court of Appeal determines merits of appeal
by Canadian Union challenging constitutionality of
NAFTA arbitration tribunals, taking into account (1)
whether they were set up to resolve investors' disputes
arising out of issues between parties to NAFTA and (2)
whether they have been incorporated into Canadian
domestic law 10 PAGE 1O
In case where Indonesian villagers have accused
Exxon of crimes and torts committed against them by
its security forces in Indonesia, District of Columbia
Circuit decides whether it has appellate jurisdiction
under collateral offshoot principle to review denial
of Exxon's motion to dismiss based on Political
Question doctrine PAGE 13
In Foreign Sovereign Immunities Act appeal, Second
Circuit determines whether Plaintiffs can attach assets
of Argentine Central Bank to satisfy debt obligations
of the Republic of Argentina in light of Argentina's
control over Central Bank 0 PAGE 14
Seventh Circuit decides whether, for federal tax
purposes, Antarctica is a foreign country' in sense
that it falls under recognized sovereignty of any
national state ) PAGE I6
TOPICS IN BRIEF
India decides to allow dual citizenship to its citizens] NewYorkPICS IN BR E
federal court dismisses suit between French entities on forum non conveniens grounds I China and Russia veto
U. S. measure in U. N. Security Council that would deplore Burmese human rights abuses I Bolivian court strikes
down statute barring foreigners from criticizing government I Irish court upholds extradition to U.,S. of person
charged with vehicular homicide and related offenses I Syrian Court sentences alleged associate of 9/11 hijacker
to prison I France's highest court rejects appeal from adverse ruling by American-Iran Arbitration Tribunal I
Russian Supreme Court upholds shut down of Chechen human rights organization 1' BEGINS PAGE 17](ViewImageLocal?handle=hein.journals/intlwup13&div=1&collection=&method=preview&ext=.png&size=3)
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