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17 Int'l L. Update 1 (2011)

handle is hein.journals/intlwup17 and id is 1 raw text is: A monthly report on public and private international legal developments VOLUME 17 January-March 2011 Up dte In case of alleged international child abduction, Eighth Circuit considers whether expert testimony relating to Article 13(b) (grave risk to child) exception to Hague Convention on International ChildAbduction was properly excluded 1 PAGE 2 In challenge to conviction based on Foreign Intelligence Surveillance Act, Second Circuit considers challenge to the Act's constitutionality I' PAGE 5 Eleventh Circuit ponders whether domestic statute prohibiting buying ofchildren applies extraterritorially to defendant's conduct wholly outside the U.S. 0 PAGE 9 U.S. citizen who regularly worked in Canada except for one weekend per month when he visited his family in U.S. sought to deduct his U.S. tax payments from any Canadian tax obligations pursuant to U.S. tax treaty with Canada but Ontario Federal Court of Appeal found him habitually resident in Canada and thus owing full Canadian taxes I PAGE IO In case of Russian request for U.S. judicial assistance in criminal prosecution in Russia, Ninth Circuit considers whether requests for assistance via the US- Russia MLAT utilize the procedural mechanisms of § 1782 without importing the substantive limitations of § 1782 ) PAGE 12 In appeal of proceeding under 28 U.S.C. Section 1782 compelling disclosure ofvideos for use in lawsuit abroad, Second Circuit affirms because filmmaker failed to show that footage was shot for purpose of independent reporting 0 PAGE 15 In Peruvian Spy-Thriller case, Eleventh Circuit finds that evidence existed to support required nexus to submit foreign state's commercial activities to U.S. jurisdiction under Foreign Sovereign Immunities Act i PAGE 17 First Circuit affirms jurisdiction of Maritime Drug Law Enforcement Act (MDLEA) over alleged drug trafficker, holding terse certification by Bolivia's Secretary of State constituted valid consent or waiver of objection to U.S. law enforcement ) PAGE IS Second Circuit finds that issue of subject matter jurisdiction under commercial activity exception of Foreign Sovereign Immunities Act not defeated by possibility that appellant may fail to state cause of action 1 PAGE 19 Second Circuit holds that management company's claim against Indonesian state-owned social security insurer under Foreign Sovereign Immunities Act failed to abrogate insurer's sovereign immunity where plaintiff could not show its negligent supervision claim based on act done in connection with Defendant's commercial activity bi PAGE 20 Eleventh Circuit affirms convictions for atrocities committed by Liberian president's son, holding broader definition of 'torture' in Torture Act was rationally related to Convention against Torture, as Convention created a floor, not a ceiling for signatories in efforts to combat torture 1' PAGE 22 HIGHLIGHTS

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