About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/rethdfr0046 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.D.C.2021. Subsec. (2) quot. in sup.; com. (j) cit. in ftn. Protesters sued the Republic of Turkey, seeking damages for injuries caused by Turkish security forces who attacked them while they were peacefully demonstrating during a visit by the Turkish President in Washington, D.C. The district court denied defendant's motion to dismiss under the Foreign Sovereign Immunities Act. Affirming, this court held that defendant lacked immunity under the tortious-acts exception to immunity, and that defendant could not invoke the discretionary-function exception to waiver of immunity, reasoning that, while the Turkish security forces had a right in customary international law to protect the Turkish President under Restatement Third of the Foreign Relations Law of the United States § 102, the actions of the Turkish security forces could not be said in this case to have been plausibly grounded in considerations of security-related policy. Usoyan v. Republic of Turkey, 6 F.4th 31, 40, 41. CHAPTER 2. STATUS OF INTERNATIONAL LAW AND AGREEMENTS IN UNITED STATES LAW § 111. International Law and Agreements as Law of the United States C.A.9, 2021. Com. (h) quot. in ftn. Insured owner of a townhome complex that was damaged in a hurricane sued foreign insurer and its third-party claims administrator, alleging breach of contract, failure to communicate policy changes, and unfair claims handling practices in violation of Washington law. The district court granted insurer and administrator's motion to compel arbitration pursuant to the policy's arbitration clause, finding that the clause was enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Affirming, this court rejected insured's argument that the McCarran-Ferguson Act operated to reverse-preempt the Convention, such that the action was governed by Washington law, which prohibited enforcement of arbitration clauses in insurance contracts, holding that the relevant provision of the Convention was self-executing and not subject to reverse-preemption. The court cited Restatement Third of Foreign Relations Law § 111 in support of the proposition that treaties could contain both self-executing and non-self-executing provisions. CLMS Management Services Limited Partnership v. Amwins Brokerage of Georgia, LLC, 8 F.4th 1007, 1012. PART II. PERSONS IN INTERNATIONAL LAW COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved A -I-I 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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most