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19 Int'l L. Update 1 (2013)

handle is hein.journals/intlwup19 and id is 1 raw text is: VOLUME 19 January-March 2013 A report on public and private international legal developments In case brought by licensed Whalers against environmental activists who interfere with whaling operations, Ninth Circuit reviews whether environmental activism can amount to piracy and be a private end I PAGE 2 In challenge to seizure of ancient coins by Customs Officers based on Convention on Cultural Property Implementation Act (CPIA), Fourth Circuit declines review because such matters are statutorily within executive discretion and congressional oversight 1 PAGE 5 Reviewing Extradition Request from Argentina, Fifth Circuit ponders dual criminality' challenge where the value of the goods stolen in Argentina is unspecified; Court conducts only limited review as to whether any competent evidence tends to support the magistrate's probable-cause assessment of the goods' value; Court notes that evidentiary rules do not control extradition hearing, and authenticated documents may serve as competent evidence in support of a magistrate's determination I0 PAGE 7 Supreme Court of Canada reviews extradition of Canadian citizens for alleged support of Liberation Tigers of Tamil Eelam where lower court found that independent assessment had been conducted and that surrender would not unjustifiably violate their rights under the Canadian Charter of Rights and Freedoms 10 PAGE 8 U.S. Court of Appeals for the District of Columbia Circuit examines conviction ofdriver and bodyguard of Osama bin Laden where (1) the Military Commissions Act does not retroactively punish new crimes, and (2) material support for terrorism was not a pre-existing war crime under 10 U.S.C. Section 821 I' PAGE 12 U.S. Supreme Court denies challenge to Foreign Intelligence Surveillance Act (FISA) for lack of standing; reviews and then reverses Second Circuit's finding of standing where there (a) is objectively reasonable likelihood that communications will be intercepted in the future, and (b) are present injuries stemming from a reasonable fear of future harmful government conduct b PAGE 14 TOPICS IN BRIEF HIGHLIGHTS

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