Transnational Litigation, Arbitration, and Dispute Resolution

Introduction

Introduction

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.

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.

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.

Introduction

Introduction

Introduction

Introduction

Introduction