What Does the State Department Think About the Transit Pipelines Treaty?
On February 8, 2024, the Seventh Circuit heard argument in Bad River Band v. Enbridge Energy Co. Enbridge, a Canadian company, owns and operates a pipeline that transports light crude oil and natural gas liquids from Canadian oil fields to the United States and Ontario. The Bad River Band of Chippewa Indians sued Enbridge for…
Continue ReadingFurther Thoughts About Missouri’s COVID Suit Against China
As previously discussed at TLB, the Eighth Circuit recently held that the Foreign Sovereign Immunities Act (FSIA) does not shield the People’s Republic of China from suit on one of the claims that Missouri has brought against it arising from the COVID-19 pandemic. Specifically, the court of appeals held that Missouri could move forward with…
Continue ReadingTwo Conflicts Events in Oregon in May
Willamette University College of Law will be hosting two events, back to back, in May that may be of interest to TLB readers. Fifty Years in the Conflicts Vineyard On May 8-9, 2024, Willamette University College of Law and the Conflict of Laws Section of the Association of American Law Schools will hold a symposium…
Continue ReadingThe Extraterritorial Reach of Criminal Statutes
When federal statutes do not indicate how far they reach, courts apply a presumption against extraterritoriality to limit their geographic scope. Last year, in Abitron Austria GmbH v. Hetronic International, Inc. (2023), the Supreme Court revised the presumption by requiring conduct in the United States for a statute’s application to be considered domestic. Meanwhile, lower courts…
Continue ReadingCall for Papers: International Law in Domestic Courts Workshop
The next International Law in Domestic Courts (ILDC) Workshop will be held at the University of Chicago on Friday, May 17. Professor Curt Bradley has graciously agreed to host the workshop this year. The ILDC is an interest group of the American Society of International Law. Its purpose is to promote dialogue among scholars and…
Continue ReadingFirst Circuit Allows Some of Mexico’s Claims Against Gun Manufacturers to Move Forward
Mexico has strict gun laws. There is one gun store in the country, and Mexico issues fewer than fifty gun permits a year. Yet Mexico has the third most gun-related deaths in the world because it borders the United States. An estimated half million guns flow from the United States into Mexico each year. In…
Continue ReadingNinth Circuit Decides Cassirer in Favor of Spain
In 2005, Claude Cassirer sued a state-owned museum in Spain to recover a painting by Camille Pissarro that the Nazis stole from his grandmother. The case went to the U.S. Supreme Court on a choice-of-law question, and the Court held that state, rather than federal, choice-of-law rules should determine the applicable law in cases under…
Continue ReadingHappy New Year!
TLB will be on winter break until January 9, 2024. We wish you all the best in the new year!
Continue ReadingU.S. Brief in Halkbank Abandons Customary International Law in Immunity Cases
In Turkiye Halk Bankasi A.S. v. United States (Halkbank), the Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not apply to criminal proceedings. The Court remanded Halkbank’s separate claim of common law immunity to the Second Circuit for reconsideration. On November 20, 2023, after two extensions, the United States filed its brief on remand. The U.S….
Continue ReadingChina’s New Foreign State Immunity Law: Some Foreign Relations Aspects
On September 1, 2023, the Standing Committee of China’s National People’s Congress (NPC Standing Committee) passed the Law of the People’s Republic of China on Foreign State Immunity (FSIL) (English translation here). The FSIL will enter into force on January 1, 2024. This law heralds a fundamental shift of China’s attitude towards foreign state immunity,…
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