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Case Citations [1] (2017)

handle is hein.ali/rethdfr0037 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

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

C.A.1, 2016. Cit. in diss. op. Defendant was convicted of violating the Maritime Drug Law Enforcement
Act by committing possession with intent to distribute cocaine, after the U.S. Coast Guard intercepted
his vessel on its trip from Colombia to the Dominican Republic. The district court enhanced defendant's
sentence, finding that defendant acted as a navigator within the meaning of the Act's enhancement
provision. This court affirmed, holding that the district court did not err in finding that defendant acted
as a navigator because he must have relied on the vessel's global-positioning system for some not
insubstantial portions of the trip since the vessel had only one other passenger. Citing Restatement Third
of Foreign Relations Law § 111, the dissent explained that federal common law incorporated customary
international law, including the concept of the law of the flag, and argued that the United States
overstepped its jurisdiction by deeming the vessel stateless after defendant or the other passenger stated
that the vessel's nationality was Colombian. United States v. Trinidad, 839 F.3d 112, 122.



                        PART  IV. JURISDICTION AND JUDGMENTS

                        CHAPTER 1.   JURISDICTION TO PRESCRIBE

              SUBCHAPTER A. PRINCIPLES OF JURISDICTION TO PRESCRIBE

§ 402. Bases of Jurisdiction to Prescribe

C.A.5, 2017. Quot. in conc. and diss. op. Families of Nepali victims killed in Iraq on their way to a U.S.
military base to work for subcontractor filed, inter alia, claims under the Alien Tort Statute (ATS)
against U.S. military contractor that hired subcontractor to provide labor on the base, alleging that
defendant engaged in human trafficking. The district court granted defendant's motion for summary
judgment as to the ATS claims. This court affirmed, holding that plaintiffs' allegations were insufficient
to rebut the presumption against extraterritorial application of the ATS. The dissent cited Restatement
Third of Foreign Relations Law § 402 in explaining that the United States enacted the ATS to enable it
to meet its obligations under the law of nations, and argued that plaintiffs' ATS claims touched and
concerned the territory of the United Sates with sufficient force to displace the presumption against
extraterritorial application of the ATS. Adhikari v. Kellogg Brown & Root, Incorporated, 845 F.3d 184,
210.




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

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