(Summer 2009)
Articles
The Changing Landscape of Arbitration Agreements in China: Has
the SPC-Led Pro-arbitration Move Gone Far Enough?
Weixia Gu
Suffer
the Little Children: How the United Nations Convention on the Rights of
the Child Has Not Supported Children
Lynne Marie Kohm
The Cultural Genocide Debate: Should the UN
Genocide Convention Include a Provision on Cultural Genocide, or Should
the Phenomenon Be Encompassed in a Separate International Treaty?
Daphne Anayiotos
International Antitrust Agreement: Premature
Proposal and Practical Solutions
Olga Petrovsky
Recent Decisions
Morgenthau v. Avion Resources Ltd.
The New York Court of Appeals held that service of process
on defendants in a foreign country pursuant to CPLR 313 is proper and
sufficient to confer personal jurisdiction if no treaties or
international agreements supplant New York’s service
requirements.
Glencore Denrees Paris v. Department of
National Store Branch 1
The U.S. District Court for the Southern District of New
York granted Glencore’s motion to compel production of witnesses
for deposition, but denied Rule 37 sanctions for Vietnam’s failure
to comply with discovery mandates. Before deciding Vietnam’s claim
of sovereign immunity, the court sought to be sure that both parties had
the opportunity for full disclosure.
Reino de España v. American Bureau of
Shipping, Inc.
Pursuant to F.R.C.P. 72(a), the U.S. District Court for
the Southern District of New York, after assessing the plaintiff’s
objections to the granting of the Defendant’s motions, overruled
such objections and imposed discovery sanctions on the Spanish
government for not disclosing electronic documents.
Katz Park Avenue Corp. v. Jagger
The New York Court of Appeals held that the holder of a
B-2 visa is precluded, as a matter of law, from maintaining a
“primary residence” in a rent-stabilized apartment as
required under New York City Rent Stabilization Code § 2524.
Sony Music Ent. (Germany) GmbH v. Falcon Neue Medien
Vertrieb GmbH 187
The European Union Court of Justice extended copyright
protection to Plaintiff pursuant to a finding that a Directive of the
European Parliament and Council permits such protection to a creative
work that is protected by the laws of a Member State.
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New York International Law Review
The New York International Law
Review features peer-written substantive articles relating to
the practice of international law on such topics as
NAFTA, terrorist financing restrictions, the collection of money
judgments outside the U.S., foreign direct investments, and trade
agreements. Edited
by Lester Nelson, Esq., with the assistance of St. John's University
School of Law, the New York International Law Review is published
twice per year by the International Section and distributed to
Section Members free of charge.