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Case Citations July 2015 through February 2016 [1] (2015-2016)

handle is hein.ali/rethdfr0034 and id is 1 raw text is: THE FOREIGN RELATIONS LAW OF THE UNITED STATES 3D PART I. INTERNATIONAL LAW AND ITS RELATION TO UNITED STATES LAW CHAPTER 1. INTERNATIONAL LAW: CHARACTER AND SOURCES § 102. Sources of International Law C.A.5, 2015. Cit. in ftn. to conc. op.; com. (k) cit. in ftn. to conc. op.; Rptr's Note 6 quot. in case quot. in conc. op. Parents of a Mexican boy who was killed by a U.S. Border Patrol agent on Mexican soil brought a claim against the United States, asserting jurisdiction under the Alien Tort Statute (ATS), alleging that defendant committed an extrajudicial killing in violation of jus cogens norms of customary international law. The district court granted defendant's motion to dismiss and the court of appeals affirmed in part. On rehearing en banc, this court affirmed. Citing Restatement Third of Foreign Relations Law § 102, a concurring opinion argued that jus cogens could have precluded defendant from asserting its sovereign-immunity defense if the acts could not have been authorized by the sovereign. Hernandez v. U.S., 785 F.3d 117, 128, 141. E.D.N.Y.2014. Subsec. (2) quot. in disc. Airline passengers brought a personal-injury action against airline, seeking damages for injuries that they sustained when their plane overshot the runway and crash- landed in the Republic of Guyana. Denying defendant's motion to dismiss on grounds that the Warsaw Convention governed this case and that treaty's forum provision deprived this court of subject-matter jurisdiction, this court held that it had subject-matter jurisdiction because Guyana was not a party to the Warsaw Convention. Citing Restatement Third of Foreign Relations Law § 102(2), the court acknowledged that, in order to determine whether states were parties to a treaty, the Second Circuit had previously applied the customary international law of treaties, which to a large extent was codified in the Vienna Convention. The court, however, declined to apply the Vienna Convention in this case, reasoning that the Vienna Convention did not address the impact of Guyana's succession from the United Kingdom after the United Kingdom had signed the Warsaw Convention. In re Air Crash at Georgetown, Guyana on July 30, 2011, 33 F.Supp.3d 139, 145. CHAPTER 2. STATUS OF INTERNATIONAL LAW AND AGREEMENTS IN UNITED STATES LAW § 111. International Law and Agreements as Law of the United States S.D.N.Y.2014. Com. (h) quot. in ftn. Purported member of an international terrorist organization who was charged with, among other things, conspiring to bomb American embassies abroad moved to dismiss the indictment, alleging lack of jurisdiction on grounds that his forcible removal from Libya by _AmlimwI For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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