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

Case Citations [i] (July 2016 through April 2017)

handle is hein.ali/rethdfr0036 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.2016. Com. (c) cit. in sup. Consumers brought an action against, among others, Japanese
  corporations that manufactured vehicles sold in the United States, alleging that the vehicles contained
  defective airbags. This court granted plaintiffs' motion for entry of an order directing service of process
  under the Hague Convention on defendants because defendants did not have an appointed registered
  agent for service of process in the United States. The court held that the Hague Convention permitted
  U.S. legal documents to be served by direct mail, absent objection by the destination country, and, citing
  Restatement Third of Foreign Relations Law § 112, Comment c, explained that, in construing treaties, it
  gave special weight to the view of the U.S. State Department, which had expressly set forth its position
  that service of process by direct mail in Japan was permitted. Leon v. Continental AG, 176 F.Supp.3d
  1315, 1319.



                        PART   II. PERSONS  IN INTERNATIONAL LAW

                                     CHAPTER 1.   STATES

  § 201. State Defined

  C.A.2, 2016. Cit. in case cit. in sup. Victims of terrorist attacks linked to the Islamic Republic of Iran,
  against which victims held unsatisfied money judgments, asserted jurisdiction under the Foreign
  Sovereign Immunities Act (FSIA) in order to bring a claim to enforce these judgments against New
  York-based companies with connections to Iran. The district court entered summary judgment for
  plaintiffs. Reversing, this court held that because defendants lacked many of the attributes of statehood,
  including a defined territory and population, self-governance and foreign relations, and the capacity to
  wage war and enter into international agreements, defendants did not qualify as a foreign state under the
  FSIA. In construing the term foreign state, the court looked to the definition of state set forth in
  Restatement Third of Foreign Relations Law § 201. Kirschenbaum v. 650 Fifth Avenue and Related
  Properties, 830 F.3d 107, 124.







A  L        For 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