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Full-Text Articles in Law
Court Of First Instance Of The European Communities, Gordon Slynn
Court Of First Instance Of The European Communities, Gordon Slynn
Northwestern Journal of International Law & Business
The Court of Justice of the European Communities ("Court of Justice") deals with questions arising under the Treaties establishing the European Economic, the European Coal and Steel, and the European Atomic Energy Communities (collectively the "Treaties"). In 1962, its law reports ran to 512 pages, already double the number in 1959. In 1985, they comprised 4,050 pages. In 1962, 62 cases were brought before the Court; in 1985, the number had risen to 433. Not surprisingly cases coming before the Court took longer to resolve -- the period from lodging the action to judgment had slipped from nine months to …
Fsia Retroactivity Subsequent To The Issuance Of The Tate Letter: A Proposed Solution To The Confusion, Michael E. Jansen
Fsia Retroactivity Subsequent To The Issuance Of The Tate Letter: A Proposed Solution To The Confusion, Michael E. Jansen
Northwestern Journal of International Law & Business
Three recently decided cases discuss the retroactive application of the Foreign Sovereign Immunities Act of 1976 to pre-1952 claims—Carl Marks & Co. v. Union of Soviet Socialist Republics, Jackson v. People's Republic of China, and Slade v. United States of Mexico. These cases have conclusively established that the FSIA is not to be applied retroactively to pre-1952 events—i.e., to claims arising prior to the issuance of the Tate Letter. They do not resolve the issue of retroactive application of the FSIA to post-1952 events, however, and this issue is currently engulfed in confusion. This Comment attempts to resolve this confusion …