Arbitration - UNCITRAL Rules - justiciability and indispensable third parties - legal status of Hawaii
Article Abstract:
This article discusses the Permanent Court of Arbitration Tribunal decision in Larsen v. Hawaiian Kingdom, in which the US was ruled an "indispensable third party" in a dispute between an Hawaiian resident and the Hawaiian Kingdom. The commentators contend the court should have dismissed the case as not actionable under the United Nations Commission on International Trade Law Rules. By addressing the issue of the indispensable third party instead, the Tribunal may have opened the door to arbitration of noncommercial disputes under the UNCITRAL Rules.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 2001
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International claims - settlement by espousal - takings of property - just compensation
Article Abstract:
The US Federal Circuit Court of Appeals ruled in Abrahimj-Youri v. United States that citizens cannot claim just compensation under the Fifth Amendment for international small claims settled for them by the government. The claims were against Iran and related to the US hostage crisis in 1979 and 1980. The US reached an agreement with Iran and set up a fund to award individual small claims. The decision is unsettling because it implies citizens cannot acquire property interests abroad. Small claims in this case were less than $250,000.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1998
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U.S. state boundaries - Submerged Lands Act - 1958 Geneva Convention in the Territorial Sea - straight baselines - fringing islands - ice elevations
Article Abstract:
The US Supreme Court in 1997 found in favor of the US and against Alaska in a case identifying rights to submerged lands off the northern coast of Alaska. The boundary between national and state lines are made from the state's coastline, but arguments centered on parts of the coastline marked by fringing islands and ice mass. Valuable oil revenues were at stake in the decision.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1998
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