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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/rethdfr0041 and id is 1 raw text is: 





      THE FOREIGN RELATIONS LAW OF THE

                          UNITED STATES 3D



Generally

C.A.D.C.2019. Cit. generally in conc. op. In American citizen's action under the Torture Victims
Protection Act against foreign officials from the Democratic Republic of the Congo (DRC), this court
vacated the district court's determination that defendants were immune from suit and remanded, holding
that defendants were not entitled to conduct-based foreign-official immunity under Restatement Second
of Foreign Relations Law, because they failed to prove that exercising jurisdiction was tantamount to
enforcing a rule of law against the DRC itself. A concurring opinion noted that the Restatement Second
had been superseded by the Restatement Third of Foreign Relations Law. Lewis v. Mutond, 918 F.3d
142, 148.



     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

E.D.N.C.2018. Com. (i) quot. in sup. After the Internal Revenue Service (IRS) denied taxpayer's
request for a refund of Canadian taxes that the IRS collected from him on behalf of the Canadian
government pursuant to a treaty between Canada and the United States, taxpayer sued the United States,
challenging the validity of the treaty. This court granted the government's motion to dismiss, holding,
among other things, that the treaty was not unconstitutional or invalid. The court rejected taxpayer's
argument that the treaty was invalid because it was not self-executing under Restatement Third of
Foreign Relations Law § 111. The court explained that the treaty was self-executing because it did not
infringe on any of Congress's exclusive law-making powers under the Constitution. Retfalvi v. United
States, 335 F.Supp.3d 791, 800.



                       PART  III. INTERNATIONAL AGREEMENTS

   CHAPTER 3.   EFFECT   AND  INTERPRETATION OF INTERNATIONAL AGREEMENTS

§ 325. Interpretation of International Agreement

C.A.11, 2018. Subsec. (1) quot. in disc. Panamanian father filed a petition against American mother,
who had, two-and-a-half years earlier, abducted their twins from Panama when they were five years old,
seeking their return under the Hague Convention on the Civil Aspects of International Child Abduction

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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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