About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/rethdfr0035 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   2. STATUS  OF  INTERNATIONAL LAW AND AGREEMENTS IN UNITED
                                         STATES   LAW

  § 112. Determination and Interpretation of International Law: Law of the United States

  S.D.Fla.2015. Com. (c) cit. in sup. Wireless-phone company in the United States brought claims for
  violations of federal and state law against resident of Belize, as a result of defendant's alleged unlawful
  acquisition and resale of plaintiff's wireless-phone service. Plaintiff moved for an order, pursuant to
  Federal Rule of Civil Procedure 4(f), permitting service of process to be made upon defendant via
  FedEx. This court granted plaintiff's motion, holding that Article 10(a) of the Hague Service Convention
  permitted service by mail absent an objection by the destination country. In support of its holding, the
  court pointed to a letter filed with plaintiff's motion written on behalf of the U.S. Department of State
  instructing courts to permit such service by mail under Article 10(a) of the Hague Service Convention.
  The court noted that, pursuant to Restatement Third of Foreign Relations Law § 112, Comment c, the
  views expressed in the letter by the Executive Branch of the United States Government on questions of
  international law such as this were to be afforded substantial respect. Tracfone Wireless, Inc. v.
  Hernandez, 126 F.Supp.3d 1357, 1363.

  § 114. Interpretation of Federal Statute in Light of International Law or Agreement

  S.D.N.Y.2015. Cit. and quot. in sup. Creditors that were issued an award by the International Centre for
  Settlement of Investment Disputes (ICSID) against debtor, the Bolivarian Republic of Venezuela,
  brought an ex parte petition to convert their award into a federal-court judgment. The trial court granted
  creditors' petition. This court denied debtor's motion to vacate, holding that the procedures authorized
  by the enabling statute of the Convention on the Settlement of Investment Disputes between States and
  Nationals of Other States were the appropriate procedures for this recognition proceeding. The court
  rejected debtor's argument that creditors had to comply with the Foreign Sovereign Immunities Act's
  (FSIA) requirement of a plenary action in the context of recognition of ICSID awards. Citing
  Restatement Third of Foreign Relations Law § 114, the court explained that requiring creditors to
  comply with FSIA would create significant tension with the ICSID Convention and its enabling statute.
  Mobil Cerro Negro Ltd. v. Bolivarian Republic of Venezuela, 87 F.Supp.3d 573, 591, 593.



                         PART  IV. JURISDICTION AND JUDGMENTS

  § 401. Categories of Jurisdiction




A , aFor 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 nearly 3,000 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:

Already a HeinOnline Subscriber?

profiles profiles most