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Volume 163 - 2016

Contents

Page 2 of 2

Case Report

  • Re Gorbachev

  • England. 30 March 2011
  • Published online by Cambridge University Press:
    01 January 2021, pp. 689-692

  • Diplomatic relations — Immunity from jurisdiction — Criminal jurisdiction — Whether former Head of State entitled to immunity — Immunity for members of Special Missions — Customary international law — Convention on Special Missions, 1969, Article 31

    State immunity — Head of State immunity — Criminal proceedings — Whether former Head of State entitled to immunity — Allegations of conduct amounting to torture — Criminal Justice Act 1988, Section 134 — Whether elements of offence alleged made out by conduct alleged — State immunity ratione materiae — Duty of States to notify other interested States of intention to claim immunity

    Relationship of international law and municipal law — Exercise of extraterritorial jurisdiction — Required nexus for private prosecution — Criminal responsibility for acts of torture — Criminal Justice Act 1988 — The law of England

  • Garcia (aka Leal) v. Texas

  • United Kingdom. 7 July 2011
  • Published online by Cambridge University Press:
    01 January 2021, pp. 693-701

  • Aliens — Consular relations — Vienna Convention on Consular Relations, 1963 — Obligation to inform arrested foreign nationals of right to request consular assistance — Avena case — Medellín v. Texas — Remedy for breach of Vienna Convention — Right to hearing to determine if breach was “harmless”

    Relationship of international law and municipal law — United States domestic law — Whether decisions of International Court of Justice directly enforceable federal law — Whether President’s Memorandum directly enforceable law — Whether stay of execution appropriate in light of potential effect of unenacted legislation — Whether Due Process Clause prohibiting execution of a lawful judgment in light of unenacted legislation — Whether assertions of adverse effects to foreign policy interests in absence of legal claim sufficient to warrant stay of lawful judgment — The law of the United States

  • Chevron Corporation v. Naranjo and Others

  • United Kingdom. 26 January 2012
  • Published online by Cambridge University Press:
    01 January 2021, pp. 702-722

  • Claims — Enforcement — Enforcement of foreign judgments — Jurisdiction — New York Uniform Foreign Money-Judgments Recognition Act 2005 — Purpose of Recognition Act — Exceptions to enforceability under Recognition Act — Exceptions only engaged once a judgment-creditor has sought enforcement — Exceptions cannot be relied upon by a judgment-debtor pre-emptively to preclude enforcement — Whether Recognition Act providing for global pre-emptive injunction on enforcement — Injunctions — Injunctions to be reversed in cases of misapplication or misapprehension of relevant law — Declaratory Judgment Act — Principal considerations in granting declaratory judgments — Whether Declaratory Judgment Act creating independent causes of action — Whether Declaratory Judgment Act expanding authority of Recognition Act

    Comity — International comity concerns — Refusal to recognize legal system or decisions of another State — Whether New York Uniform Foreign Money-Judgments Recognition Act 2005 enacted to establish New York courts as universal arbiters of fairness in foreign legal systems

    Relationship of international law and municipal law — United States domestic law — New York Uniform Foreign Money-Judgments Recognition Act 2005 — Declaratory Judgment Act — The law of the United States

  • In re People’s Mojahedin Organization of Iran

  • United Kingdom. 1 June 2012
  • Published online by Cambridge University Press:
    01 January 2021, pp. 723-733

  • Terrorism — Antiterrorism and Effective Death Penalty Act 1996 — Designation as a foreign terrorist organization — Request for revocation of designation as foreign terrorist organization — 180-day deadline for deciding requests for revocation — National security and foreign policy concerns

    Relationship of international law and municipal law — United States domestic law — Antiterrorism and Effective Death Penalty Act 1996 — Writ of mandamus — Mandamus an extraordinary remedy — Duty to act — Unreasonable delay — Principles for determining whether agency delay unreasonable — Judicial review — Duty to comply with Court remand mandate — The law of the United States

Index

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