Inside This Issue:
- Right of Defense and Lawyer’s Professional Secrecy:The New and Scary Scenarios of a 2007 Judgment of the European Court of Justice (by Claudio Cocuzza of Antonelli Cocuzza & Associati, Milan, Italy).
- Angola: Brief Overview of An Emerging Power (by Duarte de Athayde Abreu Advogados, Lisbon, Portugal, and N'Zinga Teixeira Jasse of Faria Bastos Sebastião & Lopes, Luanda, Angola).
- The World Court and the World Order (by Jean-Marc Thouvenin, Professor of International Law, University of Paris X).
- International Bar Association Annual Conference 2008 Buenos Aires, Argentina(Password: iba2008), (by Mariana Noli and Constance Kim).
INTERNATIONAL LAW SECTION CALENDAR OF UPCOMING EVENTS
• Structuring International Transactions, February 4, 2009, 12:00-2:00 pm, LACBA Conference Center. This seminar is designed for lawyers as well as other professionals and businesspeople who need to know the basics of structuring an international transaction in a world of increasing globalization of industry and finance. The seminar will focus on representing a party or being a participant in the transaction and understanding the relevant issues.
• International Association of Young Lawyers (AIJA), Annual Congress in Budapest, Hungary, August 24-29, 2009.
• International Bar Association, Annual Conference in Madrid, Spain, October 4-9, 2009.
INTERNATIONAL LEGAL UPDATES
• Java Oil Limited v. Sullivan (2008) _Cal. App. 4th_ (08 S.O.S. 6525).
Attorney's fee awards, entered against the defendant by a court in Gibraltar in a civil action payable to the plaintiffs as compensation for expenses incurred in litigation, did not constitute a penalty under Uniform Foreign Money-Judgments Recognition Act but a cognizable foreign judgment. Award of attorney's fees incurred in defending a lawsuit that resulted from the defendant’s bad faith conduct and based on false evidence was not repugnant to California public policy. Fact that differing laws existed between England and America regarding attorney's fees did not demonstrate that application of British law to the defendant’s case was repugnant to California public policy.
• Uniform Law Commission Promulgates New Act for Obtaining Foreign Testimony.
Corporations can be sued in U.S. federal courts for their alleged role in aiding and abetting violations of international law by a foreign government, even in face of express opposition to lawsuit from U.S. and South African governments under Alien Tort Claims Act (full text of the Uniform Unsworn Foreign Declarations Act).
More information about obtaining a statement from a witness outside the United States and international discovery is available at www.proskauerguide.com.
• Rice Corp. v. Grain Bd. of Iraq F. Supp. 2d, 2008 WL 4456473, E.D. Cal.
E-mail was not valid means of effecting service of process upon Iraqi instrumentality under Foreign Sovereign Immunities Act; neither was e-mail a permitted means of service of process under Iraqi laws, so an exporter's attempted service upon an Iraqi instrumentality by such means was not valid service under the Foreign Sovereign Immunities Act.
• Manco Contracting Co. (W.W.L.) v. Bezdikian ((2008) SOS 6175).
As previously reported in the May 2008 section e-newsletter, under the former Uniform Foreign Money-Judgments Recognition Act, law of nation where judgment was rendered determined whether it was final for purposes of recognition. Foreign judgment could be recognized in California, despite a pending appeal, if foreign nation in which it was rendered treated such judgments as final pending appeal. As recognized foreign judgments were enforceable in same manner as sister-state judgments, and actions to enforce sister-state judgments were subject to 10-year statute of limitations, so too were foreign judgments.
• Nygard, Inc., et al. v. Uusi-Kerttula et al. (2008) 159 Cal. App. 4th 1027.
After terminating his employment with plaintiffs Nygård, Inc. and Nygård International Partnership, defendant Timo Uusi-Kerttula gave an interview about his work experiences to a Finnish magazine. The plaintiffs sued Timo, the magazine, and its publisher for a variety of tort and contract claims, including breach of employment contract and defamation. The trial court struck the entire complaint pursuant to the anti-SLAPP statute, Code of Civil Procedure Section 425.16. The court of appeal affirmed that the anti-SLAPP motion was properly granted.
• Paper Citizens: How Illegal Immigrants Acquire Citizenship in Developing Countries
(New York: Oxford University Press, 2009) – by Kamal Sadiq, Ph.D, Assistant Professor of Political Science at University of California, Irvine.
Paper Citizens reveals that most of the world’s illegal immigrants are not migrating directly to the United States but to countries in the vast developing world. And when they arrive in countries like India and Malaysia, which are often governed by weak and erratic bureaucracies, they are able to obtain citizenship papers fairly easily.
Sadiq introduces the concept of “documentary citizenship” to explain how paperwork, often falsely obtained, confers citizenship on illegal immigrants. Once immigrants obtain documents, it is a relatively simple matter for an Afghan migrant with Pakistani papers to pass himself off as a Pakistani citizen, both in Pakistan and abroad. Across the globe, there are literally tens of millions of such illegal immigrants who have assumed the guise of “citizens.” Who, then, is really a citizen? And what does citizenship mean for most of the world’s peoples? Paper Citizens shows how illegal immigrants acquire false papers and sheds light on the consequences this will have for global security in the post 9/11 world.
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Become an International Law Section Reporter!
The International Law Section Executive Committee is pleased to announce our inaugural Reporters Program.
Led by Communications Chair Malcolm McNeil, the program provides an opportunity for rising stars in international law practice to get involved in LACBA International Law Section activities. By signing up to report on a CLE program, you can contribute as an author or an editor for the International Law Section e-Newsletter. This is a great chance for attorneys developing their international law legal career to work directly with leaders of the international community and to get published.
Sign up today!! Contact Malcolm McNeil at MMcNeil@foxrothschild.com
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