ABA Adopts ABA-ASIL Joint Task Force Policies on Implementing Treaties under U.S. Law
Introduction
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14
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10
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North America
Who can be detained in the "War on Terror"? The Emerging Answer
Introduction
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13
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18
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Wiwa v. Shell: The $15.5 Million Settlement
Introduction
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13
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14
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Organizations of Note:
Foreign Officials and Sovereign Immunity in U.S. Courts
The Foreign Sovereign Immunities Act (FSIA) provides that foreign states shall be immune from the jurisdiction of U.S. courts unless the suit falls within a specified statutory exception to immunity. There is currently a conflict among the federal circuit courts over whether suits against individual foreign officials are covered by the FSIA. If such suits are not covered by the FSIA, additional questions are raised concerning a possible common law immunity for foreign officials. This Insight describes both the conflict and the additional questions.
Background
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13
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3
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The Torture Memos and Accountability
Introduction
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13
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6
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Supreme Court Holds that Noncitizens Detained at Guantanamo Have a Constitutional Right to Habeas Corpus Review by Federal Civilian Courts
On June 12, 2008, the Supreme Court ruled against the U.S. government in cases brought by foreign nationals challenging their detention at the Guantanamo Bay, Cuba military facility.[1] A five-justice majority in Boumediene v. Bush held that the Military Commissions Act of 2006 (MCA)[2] violated the U.S.
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12
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13
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Hall Street Assocs. v. Mattel, Inc.: Supreme Court Denies Enforcement of Agreement to Expand the Grounds for Vacatur Under the Federal Arbitration Act
On March 25, 2008, the United States Supreme Court announced its judgment in Hall Street Assocs. v. Mattel, Inc.,[1] a case involving the exclusivity of the grounds for vacating arbitral awards under the Federal Arbitration Act (FAA). As explained below, the decision holds that the disputing parties may not agree to expand the grounds for vacatur beyond those listed in 9 U.S.C. § 10.
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12
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11
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Medellin v. Texas: Supreme Court Holds ICJ Decisions under the Consular Convention Not Binding Federal Law, Rejects Presidential Enforcement of ICJ Judgments over State Proceedings
On March 25, 2008, the U.S. Supreme Court decided Medellin v. Texas,[1] a case in which a Mexican national on death row in Texas challenged his conviction on the basis that he was not afforded his right of consular notification under the Vienna Convention on Consular Relations (VCCR). In a 6-3 decision, the Court held that the 2004 decision of the International Court of Justice (ICJ) in Mexico v.
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12
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6
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Organizations of Note:
Foreign Sovereign Immunities Act: Supreme Court Upholds New York City Action for Tax Liens against UN Missions
In its previous session, the U.S. Supreme Court held in Permanent Mission of India to the United States v.
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11
Issue:
22
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Organizations of Note:
The United States and the 1982 Law of the Sea Treaty
On May 15, 2007, President George W. Bush "urge[d] the Senate to act favorably on U.S. accession to the United Nations Convention on the Law of the Sea during this session of Congress."[1] In doing so, the President identified four benefits to U.S. interests when the U.S. joins the Convention.
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11
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16
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