International Law
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue international law:
Sea
Hunt, Inc. v. Unidentified Vessels, Kingdom of Spain
Fourth Circuit Court of Appeals
July 21, 2000
Abandoned Shipwreck Act ("ASA"): under
admiralty law, where an owner comes forward to assert ownership in a shipwreck,
abandonment must be shown by express acts, thus salvor failed to prove
that Spain had abandoned its naval vessels for purposes of the Abandoned
Shipwreck Act where it failed to show an express abandonment by clear and
convincing evidence; International Law: a standard of express abandonment
is also required under the 1902 Treaty of Friendship and General Relations
between the United States and Spain; the 1763 Definitive Treaty of Peace
between France, Great Britain, and Spain, which ended the Seven Years War
and transferred most of Spain's territories in the new world to Great Britain,
does not contain clear and convincing evidence of the "express abandonment"
of the Spanish naval vessels; Salvage: the salvor is not entitled
to a salvage award since it is the right of the owner of any vessel to
refuse unwanted salvage.
United
States v. Bustos-Useche
Fifth Circuit Court of Appeals
November 13, 2001
International Law:persons charged with
a crime under the Maritime Drug Law Enforcement Act, 46 U.S.C. app. §
1903, do not have standing to raise issues of international law, thus the
defendant could not argue lack of jurisdiction based on the legitimacy
of the flag nation's consent to the enforcement of US law on the Panamanian
vessel in international waters, which could only be raised by Panama; Criminal
Law: defendant's jurisdictional argument that Panama did not consent
to enforcement of US law on the Vessel until after drugs were found on
board, thus nullifying the district court's jurisdiction, also fails since
the only statutory prerequisite to jurisdiction under section 1903(c)(1)(C)
is that the flag nation consent to the enforcement of United States law
before trial.
Den
Norske Stats Oljeselskap v. Heeremac Vof et. al
Fifth Circuit Court of Appeals
February 5, 2001
International Law/Government Regulation:
the plain language of the Foreign Trade Antitrust Improvements Act ("FTAIA")
precludes subject matter jurisdiction over claims by foreign plaintiffs
against defendants where the situs of the injury is overseas and that injury
arises from effects in a non-domestic market, thus plaintiff Norwegian
oil company's antitrust claim alleging that it paid inflated prices for
heavy-lift barge services in the North Sea because of a territory splitting
and price fixing conspiracy among the three worldwide operators of heavy-lift
barges was properly dismissed.
Humane
Society v. Clinton
Federal Circuit Court of Appeals
January 4, 2001
International Law: the Driftnet Fishing
Act, 16 U.S.C. §§ 1826-1826g, establishes a process under which
the United States may take various actions against a foreign nation whose
fishing vessels on the high seas engage in large-scale driftnet fishing;
the President has broad discretion under the Act to determine that consultations
leading to an agreement with an identified nation in violation of the Act
have been "satisfactorily concluded"; the Secretary of Commerce's determination
that Italy had terminated large-scale driftnet fishing by its nationals
and vessels in violation of the Act was not arbitrary and capricious although
based solely on the "satisfactorily concluded" agreement with the Italian
government. |