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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/rethdfr0044 and id is 1 raw text is: THE FOREIGN RELATIONS LAW OF THE UNITED STATES 3D Generally C.A.2, 2020. Cit. generally in ftn. In a dispute arising from foreclosure proceedings initiated by county against property owned by Indian tribe to collect unpaid real-estate taxes, this court affirmed the district court's finding that the proceedings were barred by tribal sovereign immunity, holding that the common- law exception to sovereign immunity for suits concerning immovable property did not apply. The court noted that, when describing the exception, courts had looked to the Restatement Second of Foreign Relations Law of the United States, which predated the enactment of the Foreign Sovereign Immunities Act, and that nothing in the Restatement Third or Restatement Fourth, which postdated the Act, appeared to alter the court's analysis. Cayuga Indian Nation of New York v. Seneca County, New York, 978 F.3d 829, 839. Ariz.App.2020. Cit. generally in disc. The Netherlands, as assignee of a judgment obtained from the Dutch judiciary arising from a contract dispute against helicopter company and subsidiary, brought an action for recognition of foreign judgment in Arizona. The trial court entered an order recognizing the foreign judgment and granted the Netherlands' motion for summary judgment. This court affirmed, holding that the foreign judgment was recognizable under state foreign-judgment recognition statutes, because the Netherlands had a reciprocal system for recognizing foreign judgments and the judgment was not penal in nature. The court noted that it looked to the Restatement Third of Foreign Relations Law for determining questions surrounding the recognition of foreign judgments in the United States. State of Netherlands v. MD Helicopters Inc., 462 P.3d 1038, 1049. PART I. INTERNATIONAL LAW AND ITS RELATION TO UNITED STATES LAW CHAPTER 1. INTERNATIONAL LAW: CHARACTER AND SOURCES § 101. International Law Defined D.P.R.2020. Quot. in ftn. After the U.S. Coast Guard, acting with permission from the Venezuelan government, searched a Venezuela-flag vessel in a known drug-trafficking area located south of the United States Virgin Islands and found narcotics, a grand jury indicted several members of the vessel's crew for violations of the Maritime Drug Law Enforcement Act. This court denied the crew members' motions to dismiss, in which they asserted that the Act was unconstitutional, holding that the exercise of extraterritorial jurisdiction was proper pursuant to the territorial principle under international law, as defined in Restatement Third of Foreign Relations Law § 101. The court noted that, although the crew members were foreign citizens, the vessel was registered in Venezuela, and the interdiction occurred on the high seas, the Act nonetheless applied because the flag state provided consent to prosecute. United States v. Marcano-Godoy, 462 F.Supp.3d 88, 95. COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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