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9 Int'l L. Update 1 (2003)

handle is hein.journals/intlwup9 and id is 1 raw text is: A monthly report on public and private international legal developments
Internationat Law Upbate
Editors: Professor John R. Schmertz, Jr., Georgetown University Law Center, and Mike Meier, Esq.

January 2003

January Highlights
sNinth Circuit reviews dismissal of action
filed by Portuguese survivors of China
Airlines crash in Hong Kong on grounds
that district court lacked jurisdiction under
Warsaw Convention (page 2)
sEnglish Court of Appeal (Civil Division)
decides whether to allow appeal of investor
who sued lone director of Pennsylvania
corporation in equity for breach of
plaintiff's beneficial interest in proceeds
from sale of two Virginia subsidiaries (page
2)
gwEuropean Court of Justice determines
whether to   annul Council Decision
authorizing conclusion of Energy Star
Agreement between U. S. and EC to
coordinate  energy-efficient  labelling
programs for office equipment because
based on wrong provision of EC Treaty
(page 4)
@In   reviewing  challenge  by  Illinois
charitable organization to freeze of its
assets under I.E.E.P.A. after September
2001 terrorist attacks, Seventh Circuit rules
on whether restrictions turn on beneficial
rather than   legal  ownership   of
corporation (page 6)
owCanadian Supreme Court decides (1)
whether Glaxo/Wellcome's patent on AZT
as treatment for HIV and AIDS was valid,
and (2) whether NIH researchers who

verified AZT's efficacy were co-inventors
under laws of Canada (page 8)
wIn action by household employee against
Korean consular officer over low wages and
unduly long working hours, Ninth Circuit
determines whether    dealings with
household employee were exercise of
private rather than consular functions, and
whether they were immune under either
Vienna Convention or FSIA (page 10)
swIn litigation between German and New
Mexico companies, Tenth Circuit rules on
whether forum-selection clause declaring
that jurisdiction for all and any disputes
arising out of or in connection with this
agreement is Munich had permissive
rather than mandatory effect (page 12)
awWTO Appellate Body reviews Panel
finding that Canada has continued to
provide illegal subsidies for its milk
exported to U.S. and New Zealand (page 13)
IN BRIEF TOPICS INCLUDE:
EU court upholds Commission's right to sue
tobacco companies in U.S. - EU issues
Regulation on civil aviation security. - In
U.S. litigation, federal appeals court rules
for Amgen on Epogen patent. - During
ongoing Rio Grande water talks, Mexico and
U.S. reach interim agreement. - Norwegian
court clears local teenager charged with
pirating Hollywood films on DVD. -
Federal court convicts phony African
princess offalsehoods, (page 14)

Vol. 9

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