Transnational Litigation, Arbitration, and Dispute Resolution

The Yukos Interim Awards on Jurisdiction and Admissibility Confirms Provisional Application of Energy Charter Treaty

Introduction

Topic: 
Volume: 
14
Issue: 
23
Author: 
Dr. Chiara Giorgetti
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Morrison v. Nat’l Australia Bank Ltd.: The Supreme Court Rejects Extraterritoriality

Introduction

Topic: 
Volume: 
14
Issue: 
22
Author: 
Paul B. Stephan
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Dispute Concerning Japan’s JARPA II Program of “Scientific Whaling” (Australia v. Japan)

Introduction

Topic: 
Volume: 
14
Issue: 
20
Author: 
Donald K. Anton
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ECJ Holds that West Bank Products are Outside Scope of the EU-Israel Association Agreement

Introduction

On February 25, 2010, in its ruling in Brita GmbH v. Hauptzollamt Hamburg-Hafen, the European Court of Justice ("ECJ") ruled on the trade implications of one of the hot-potato issues of international law: the status of the territories occupied by Israel.

Topic: 
Volume: 
14
Issue: 
17
Author: 
Itzchak Kornfeld
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Samantar v. Yousuf: Foreign Official Immunity Under Common Law

Introduction

The recent Supreme Court decision in Samantar v. Yousuf[1] definitively resolved one major question about the immunities of foreign government officials from civil suits in U.S. courts; at the same time, it left several others wide open. It thereby guaranteed that the source, scope, and certainty of such immunities will continue to be litigated energetically. This Insight explores some of the questions that will likely figure prominently in that litigation.

Topic: 
Volume: 
14
Issue: 
15
Author: 
David P. Stewart
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Organizations of Note: 

Court of Appeals for the Federal Circuit Announces Equal Protection Exception for Customs Cases: Totes-Isotoner v. United States

I. Introduction

The power to tax is the power to destroy, or at the very least, the power to make imports of men’s gloves more expensive than imports of women’s gloves. An international business person importing goods into the United States might think that a law which treated differently an identical men’s and women’s product would somehow run afoul of the United States Constitution’s Equal Protection Clause. The Court of Appeals for the Federal Circuit (Federal Circuit) has held that it does not.

Topic: 
Volume: 
14
Issue: 
12
Author: 
Claire Kelly
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Pulp Mills on the River Uruguay: The International Court of Justice Recognizes Environmental Impact Assessment as a Duty under International Law

Introduction

Topic: 
Volume: 
14
Issue: 
9
Author: 
Cymie R. Payne
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The WTO Seal Products Dispute: A Preview of the Key Legal Issues

Introduction

Topic: 
Volume: 
14
Issue: 
2
Author: 
Simon Lester
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Organizations of Note: 

Germany Sues Italy at the International Court of Justice on Foreign Sovereign Immunity – Legal Underpinnings and Implications for U.S. Law

Introduction

Topic: 
Volume: 
13
Issue: 
22
Author: 
Ronald J. Bettauer
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Organizations of Note: 

Chinese Import Restrictions on Publications and Entertainment Products Found to be WTO Inconsistent

Introduction

Topic: 
Volume: 
13
Issue: 
19
Author: 
Brendan McGivern
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Organizations of Note: