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Vivian Curran on FSIA Immunity and Genocide In The Restatement (Fourth)
I bring you an excerpt from Professor Vivian Curran’s forthcoming paper, Harmonizing Multinational Parent Company Liability for Foreign Subsidiary Human Rights Violations, 17 Chicago J. Int’l L. (2017). The excerpt has to do primarily with the evolving exception to FSIA immunity in cases of expropriation in connection with genocide. I’ve covered aspects of some of……
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Kuwait Airways Case: Results of FOIA Request
A coda to the Kuwait Airways case. This, recall, is the case of the airline that refused to sell a ticket to a passenger traveling on an Israeli passport, citing the Kuwaiti law that forbade doing business with Israelis. After some hemming and hawing, the Department of Transportation made it clear to the airline that……
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Lago Agrio: Tribunal Says US Decision Has No Preclusive Effect
Chevron won a victory when the tribunal hearing its investment treaty claim against Ecuador granted its application to add the Second Circuit’s recent decision to the record in the arbitration. But the tribunal’s order is, in an important sense, a much bigger victory for Ecuador.
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Case of the Day: Sokolow v. PLO
The case of the day is Sokolow v. Palestine Liberation Organization (2d Cir. 2016). I wrote about a similar case, Safra v. Palestinian Authority, back in 2015. The gist of the earlier case, which was decided in Washington, was that the Palestinian Authority could not be sued for damages under the Anti-Terrorism Act because it……
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Lago Agrio: Settlement Prospects
In a comment to my post on the Second Circuit’s decision in Chevron v. Donziger, Doug Cassel raises the possibility of a settlement: “The best way forward continues to be for all parties to pursue a settlement in good faith.” Now, I have no idea what is going on behind the scenes. But how should……