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Case Citations July 2015 through February 2016 [1] (2015-2016)

handle is hein.ali/rethdfr0034 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.5, 2015. Cit. in ftn. to conc. op.; com. (k) cit. in ftn. to conc. op.; Rptr's Note 6 quot. in case quot. in
  conc. op. Parents of a Mexican boy who was killed by a U.S. Border Patrol agent on Mexican soil
  brought a claim against the United States, asserting jurisdiction under the Alien Tort Statute (ATS),
  alleging that defendant committed an extrajudicial killing in violation of jus cogens norms of customary
  international law. The district court granted defendant's motion to dismiss and the court of appeals
  affirmed in part. On rehearing en banc, this court affirmed. Citing Restatement Third of Foreign
  Relations Law § 102, a concurring opinion argued that jus cogens could have precluded defendant from
  asserting its sovereign-immunity defense if the acts could not have been authorized by the sovereign.
  Hernandez v. U.S., 785 F.3d 117, 128, 141.

  E.D.N.Y.2014. Subsec. (2) quot. in disc. Airline passengers brought a personal-injury action against
  airline, seeking damages for injuries that they sustained when their plane overshot the runway and crash-
  landed in the Republic of Guyana. Denying defendant's motion to dismiss on grounds that the Warsaw
  Convention governed this case and that treaty's forum provision deprived this court of subject-matter
  jurisdiction, this court held that it had subject-matter jurisdiction because Guyana was not a party to the
  Warsaw Convention. Citing Restatement Third of Foreign Relations Law § 102(2), the court
  acknowledged that, in order to determine whether states were parties to a treaty, the Second Circuit had
  previously applied the customary international law of treaties, which to a large extent was codified in the
  Vienna Convention. The court, however, declined to apply the Vienna Convention in this case,
  reasoning that the Vienna Convention did not address the impact of Guyana's succession from the
  United Kingdom after the United Kingdom had signed the Warsaw Convention. In re Air Crash at
  Georgetown, Guyana on July 30, 2011, 33 F.Supp.3d 139, 145.



     CHAPTER 2. STATUS OF INTERNATIONAL LAW AND AGREEMENTS IN UNITED
                                        STATES   LAW

  § 111. International Law and Agreements as Law of the United States

  S.D.N.Y.2014. Com. (h) quot. in ftn. Purported member of an international terrorist organization who
  was charged with, among other things, conspiring to bomb American embassies abroad moved to
  dismiss the indictment, alleging lack of jurisdiction on grounds that his forcible removal from Libya by



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

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