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Case Citations [1] (April 2023 - August 2023)

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                               THE  AMERICAN
                               LAW   INSTITUTE



                                    Spring 2023 Citations



      THE FOREIGN RELATIONS LAW OF THE

                           UNITED STATES 3D



        PART  I. INTERNATIONAL LAW AND ITS RELATION TO UNITED STATES

           CHAPTER 1. INTERNATIONAL LAW: CHARACTER AND SOURCES

§ 103. Evidence of International Law

D.D.C.2021. Com. (b) quot. in sup. The Republic of the Gambia, which initiated litigation in the
International Court of Justice (ICJ) to hold the Republic of the Union of Myanmar accountable for
genocide against the Rohingya ethnic and religious minority, filed an application against social media
platform under a federal statute, seeking deleted content that had been used by Myanmar government
agents to spread violence and enable the genocide. This court granted the Gambia's request for the de-
platformed content and related internal-investigation documents. The court rejected platform's argument
that the Gambia should have obtained discovery through the U.N. Independent Investigative Mechanism
for Myanmar instead of the ICJ, noting that, according to Restatement Third of Foreign Relations Law §
103, the ICJ was the central expositor of international law, whose judgments and opinions were
accorded great weight, and that the ICJ was arguably a superior venue, given that it regularly
adjudicated Genocide Convention issues. Republic of the Gambia v. Facebook, Inc., 567 F.Supp.3d 291,
312.



                       PART   III. INTERNATIONAL AGREEMENTS

            CHAPTER 2. THE MAKING OF INTERNATIONAL AGREEMENTS

§ 311. Capacity and Authority to Conclude International Agreements

C.D.Cal.2022. Subsec. (3) cit. in sup. After receiving a request for extradition of criminal fugitive from
Colombia, the United States arrested fugitive pursuant to extradition proceedings, alleging that the
extradition treaty between Colombia and the United States remained valid. This court certified
extradition, holding, inter alia, that Colombian case law, which found that Colombia legislature giving
domestic effect to the treaty was invalid, did not bar fugitive's extradition. Citing Restatement Third of
Foreign Relations Law § 311(3), the court explained that the record did not indicate there was a manifest


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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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