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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/restfrus4206 and id is 1 raw text is: 





      THE FOREIGN RELATIONS LAW OF THE

   UNITED STATES 4TH: SELECTED TOPICS IN

   TREATIES, JURISDICTION, AND SOVEREIGN

                                  IMMUNITY




            PART  IV. JURISDICTION,   STATE   IMMUNITY,   AND  JUDGMENTS

                              CHAPTER 1.   PRESCRIPTION

  SUBCHAPTER B. CUSTOMARY INTERNATIONAL LAW GOVERNING JURISDICTION TO
                                       PRESCRIBE

§ 412. Jurisdiction Based on the Protective Principle

C.A.D.C.2020. Cit. in sup. Criminal defendants who attacked two American law-enforcement officers
in Mexico, killing one and wounding the other, appealed from their convictions for killing an officer of
the United States in violation of 18 U.S.C. § 1114, using a firearm while committing a crime of violence
in violation of § 924(c), and killing certain persons protected under international law in violation of §
1116. This court vacated defendants' convictions under § 1114 and remanded for limited re-sentencing,
holding that one of the officers only qualified for protection under § 1114, which did not apply
extraterritorially. The court noted, however, that both § § 924(c) and 1116 applied extraterritorially under
the protective principle as set forth in Restatement Third of Foreign Relations Law § 402 and
Restatement Fourth of Foreign Relations Law § 412, which allowed a state to exercise jurisdiction to
protect its officials overseas. United States v. Garcia Sota, 948 F.3d 356, 362.



CHAPTER 8. RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN THE
                                    UNITED   STATES

§ 483. Mandatory Grounds for Nonrecognition

E.D.Va.2019. Com. (b) quot. in sup. Ex-girlfriend, an Ethiopian native who became a U.S. citizen,
brought a claim for breach of contract against ex-boyfriend, also an Ethiopian native who had created
with plaintiff a company to form and run a school on his property in Ethiopia, alleging that after the
parties entered into a contract to dissolve their company and sell the school to defendant, defendant
failed to make the scheduled payments to plaintiff; defendant counterclaimed, filed suit in Ethiopia, and
obtained Ethiopian judgments that the contract was a mere draft. This court entered judgment for
plaintiff, holding, inter alia, that the Ethiopian judgments were not entitled to recognition. Citing
Restatement Third of Foreign Relations Law § 482 and Restatement Fourth of Foreign Relations Law §§

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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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