Legal Analyses written by Mike Meier,
Attorney at Law. Copyright 2017 Mike Meier. www.internationallawinfo.com.
1997 International Law
Update, Volume 3, Number 2 (February).
ARBITRATION
House of Lords approves
arbitrator's conclusion that seller's failure to carry out contract to sell and
deliver shipload of propane from Texas to England constituted acceptance of
buyer's anticipatory repudiation of deal due to lateness in loading shipment
Vitol SA contracted with
Norelf Ltd. to buy a shipload of propane at 400 pounds sterling per ton out of
Houston, Texas. Norelf was to make
delivery between March 1 and 7, 1991 and to tender a bill of lading immediately
after loading. On March 8, 1991, Vitol
sent a telex to Norelf stating they had learned that seller would not finish
the loading until March 9. In view of
the lateness, Vitol declared their rejection of the cargo and repudiation of
the contract. Norelf finish loading the
vessel but neither party took any further action to perform the agreement.
On March 15, Norelf sold
the cargo for S170 per ton. Next Norelf filed a claim for arbitration against
Vitol for the difference between the contract price and the selling price. The arbitrator ruled (1) that the March 8
telex amounted to an anticipatory breach of contract and (2) that Norelf's
failure to take any further action to comply with the contract constituted an
acceptance of that repudiation. The
Court of Appeal ruled for Vitol on issue (2) holding that Norelf's inaction
could not constitute acceptance of Vitol's repudiation of the deal.
The House of Lords reverses
and allows Norelf's appeal. As a matter
of legal principle, the Lords hold that mere failure to carry out contract obligations
could constitute acceptance of an anticipatory repudiation. Whether it does or not, however, depends on
the particular contractual arrangements at issue and the specific circumstances
of the case. The arbitrator in this
matter heard the facts, analyzed the tenor of the March 8 telex and inferred
that Norelf by its inaction, e.g., its failure to tender the bill of lading as
agreed, intended to treat the contract as over and to transmit that position to
Vitol. This was an issue of fact
committed to the sole jurisdiction of the arbitrator.
Citation:
Vitol SA v. Norelf, Ltd., [1996] 3 All ER 193, [1996] 3 WLR 105.
Commercial Arbitration and
Mediation Center for the Americas publishes its rules for mediation and for
arbitration of international business disputes
In light of NAFTA's
encouragement of alternate dispute resolution, the Commercial Arbitration and
Mediation Center for the Americas (CAMCA) has published detailed rules and
procedures for mediating or arbitrating international business disputes. Established arbitration associations of the
U.S., British Columbia, Mexico and Quebec have cooperated in creating this
private dispute resolution mechanism.
Along with the rules, are
suggested contract language for a CAMCA mediation before resorting to binding
arbitration. In the absence of advance
planning, there is also a model ad hoc agreement to submit an already existing
dispute to the auspices of CAMCA.
CAMCA mediation rules are
relatively brief and general, encompassing 18 articles. The parties pledge to mediate in good faith
and to take reasonable steps to ensure that party representatives have the
authority to settle the matter.
Much more detailed are the
39 Articles of the CAMCA Arbitration Rules. For example, Article 21 and 22 on Evidence
and Hearings respectively, make no reference to standard jury trial rules. They provide for advance notice of witnesses
to be called, allow witnesses to submit written statements, allow for
interpreters as necessary, assume that the hearing will be private unless the
parties agree otherwise and authorize the arbitrators to set the sequence of
proof. The tribunal is to determine the
admissibility, relevance, materiality and weight of the evidence and shall take
into account any "applicable principles of privilege."
Citation:
CAMCA Mediation and Arbitration Rules, 35 I.L.M. 1541-1560 (Nov. 1996).
ATTORNEYS
German High Court finds use
of phrase "International Group of lawyers and Attorneys-at-Law" on
law firm letterhead misleading where only one of German attorneys was
affiliated with foreign attorneys
A German lawyers'
association brought an action against a six-attorney firm located in Germany
that cooperates with the U.S. law firm "S. & St." located in New
York. On its letterhead, the German law
firm had in German the phrase "International Group of lawyers and
Attorneys-at-Law" ("Attorneys-at-Law" was written in
English). Actually, only one of the
attorneys in the German firm is affiliated with the New York law firm. The lawyers association argued that the use
of that phrase gave the law firm an inappropriate competitive advantage. It created the impression that all the
attorneys of S. & St. belonged to the bar and could deal with all German
and U.S. legal matters.
Based on the German Law
Against Unfair Competition [UWG], the German High Court [Bundesgerichtshof,
BGH] holds that the use of the phrase "International Group of lawyers and
Attorneys-at-Law" on the letterhead is indeed misleading by indicating an
ability of the entire firm to handle transnational matters while in fact only
one of the attorneys is affiliated with the foreign group of legal advisors
located in New York.
[Submitted by John Wolff,
Adjunct Professor of Law at Georgetown Law Center in Washington D.C.]
Citation:
BGH Urteil vom 25.4.1996 - I ZR 106/94, Kennwort: Internationale Sozietät, 1996
RIW Heft 9, internationales Wirtschaftsrecht, page 779.
DISCOVERY
Highest Court of Australia
rules that patient not automatically entitled to inspect and copy records
of her treatment kept by physician on contract, property or equitable
grounds
Julie Breen, an Australian
citizen, had two silicone breast implants done in 1977. When she ran into difficulties with severe
breast pain, she consulted Dr. Cholmondeley W. Williams, a plastic
surgeon. The following year, he did a
bilateral capsulotomy that appeared to be effective for a time. In 1984, another doctor performed breast
surgery to correct for silicone leaks and ultimately removed the implants. Other physicians have also treated her
condition.
Later Breen wished to opt
into the settlement of a class action pending in a U.S. federal court against
the manufacturer of the silicone gel. To
do so, she had to notify the American court and supply it with substantiating
medical records (including those kept by Dr. Williams) on or before December 1,
1994. Dr. Williams agreed to grant
access to his records on condition that Breen waive any claim against him. Breen declined this offer.
Under Australian law, Breen
had several ways of successfully gaining access to Dr. Williams' records. First she could have used the compulsory
process of the Australian courts to obtain discovery of the records. Secondly, she could have asked the Australian
courts to obtain the records by means of letters rogatory in aid of the U.S.
litigation.
Eschewing both of these as
too time consuming, Breen sued Dr. Williams for a declaratory judgment that
patients are legally entitled to examine and copy all medical records
pertaining to their treatment, presumably without aid from a court. Dr. Williams resisted, contending that the
primary material relevant to the U.S. litigation consisted of his handwritten
notes and that these were sensitive and confidential. After the trial court had denied her relief
and the intermediate appellate court had dismissed her appeal, she sought
review in the High Court of Australia.
In unanimous opinions, the
High Court dismisses her appeal. The
consensus seems to be that, under Australian contract law, a doctor may have a
duty to disclose information necessary to advance the patient's health. The
physician-patient contract, however, has no implied term that entitles a
patient to have the written records turned over to him or her for inspection
and copying. There is no showing here
that inspecting the records would be necessary to Breen's physical well-being.
Nor does property theory
help Breen. The doctor, not the patient,
owns documents the doctor prepares in the course of treating the patient. Moreover, there is no equitable theory that
would authorize a court to order the physician to turn over his records. Though a physician may have a limited
fiduciary duty, e.g., to avoid feathering his own nest at the patient's expense
or to maintain confidentiality, refusal to turn over a patient's records does
not amount to a breach of trust.
One opinion also points out
that Breen made no effort in this case to subpoena the records in question so
that the court below could rule on their availability to her.
Citation:
Breen v. Williams, No. 96/025 (Aust. High. Ct., September 6, 1996).
ECONOMIC SANCTIONS
Canada and Cuba enact laws
to counteract Helms-Burton Act
In response to the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (also referred to as
the Helms-Burton Act), both Canada and Cuba have enacted counter-effective
laws. The European Union, too, has
recently adopted a regulation to restrict the enforcement of judgments based on
the Act (see 1997 Int'l L. Update 2).
The Canadian law, called
Bill C-54, An Act to amend the Foreign Extraterritorial Measures Act, went into
force on January 1, 1997. In essence, it
permits Canadian citizens to recover in their courts any losses that they have
suffered as a result of the American Act. In particular, the Canadian law
provides that:
- The Canadian courts may
restrict the production of records and other information sought to enforce the
Helms-Burton Act.
- The plaintiffs may
recover the amounts of foreign judgments and additional damages in Canadian
courts.
- Canadian courts will not
recognize foreign judgments based on the Helms-Burton Act or may reduce the
amount of the judgments.
The Cuban National Assembly
adopted the Law on the Reassertion of Cuban Dignity and Sovereignty on December
24, 1996. The Law declares the
"'Helms-Burton' Law illegal, inapplicable, and void of any value or juridical
effect." (Article 1). It does
recognize, however, the possibility of compensating U.S. companies and
individuals whose property the Cuban government had expropriated in 1959 when
Fidel Castro came to power. It provides,
in particular, that:
- Cuba is willing to
provide fair and adequate compensation for expropriations. A negotiation process with the U.S. will
determine the amount of the compensation with an offset for any damages that
the U.S. has caused Cuba (Articles 2&3).
- Any use of the
Helms-Burton Act is unlawful (Articles 4-8).
- Cuba will develop
additional laws and regulations to counter the Helms-Burton Act (Article 13).
Citation:
(1) The House of Commons of Canada, Bill C-54, An Act to amend the Foreign
Extraterritorial Measures Act, 2nd Session, 35th Parliament, 45 Elizabeth II,
1996; (2) Cuban Law on the Reassertion of Cuban Dignity and Sovereignty
(December 24, 1996). [You may obtain a
Spanish version of the Cuban law from the Cuban Representation in Washington,
DC, Phone: (202) 797-8518 or 797-8520.]
IMMIGRATION
D.C. Circuit holds that
recent amendment to Immigration Act precludes judicial review of State
Department policy requiring home-country processing of
Vietnamese and Laotian visa applications
Several Vietnamese asylum
seekers challenged the U.S. Department of State's consular venue policy. Under this policy, the U.S. government
repatriates Vietnamese and Laotian migrants whom State does not consider
"refugees" and who apply for U.S. immigrant visas and the visa
applications are processed in the home country. The plaintiffs claimed that the
policy discriminates on the basis of nationality in violation of Section 202 of
the Immigration and Nationality Act (INA) [8 U.S.C. § 1152(a)(1)].
The U.S. Court of Appeals
for the District of Columbia Circuit rules that it cannot review the claims
because of a recent INA amendment. On
September 30, 1996, President Clinton signed into law the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRA) [enacted as Division C
of the Department of Defense Appropriations Act, 1997, Pub.L. No. 104-208, 110
Stat. 3009 (1996)]. Section 633 of the
IIRA amends the INA by adding that "(B) Nothing in this paragraph shall be
construed to limit the authority of the Secretary of State to determine the
procedures for the processing of immigrant visa applications or the locations
where such applications will be processed."
Because this case concerns
a procedural right and prospective relief, the Court says that it need not
determine whether Congress intended that provision to apply retroactively.
Citation: Legal Assistance for Vietnamese Asylum
Seekers v. Department of State, No. 94-5104 (D.C. Cir. January 7, 1997).
[Editors' Note: the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 changes several aspects of immigration law, for example the effect of
aliens being "out of status" when their visas expire, employer
sanctions, as well as certain visa procedures.]
JUDGMENTS
British Columbia Supreme
Court denies registration of Colorado default judgment in personal injury case
against B.C. company because appeal from refusal to set aside default is still
pending
The Dunton family members
are American citizens living in Colorado.
Whitewater West Recreations Ltd. is a British Columbia company doing
business in Colorado with a resident agent for service of process. Whitewater designed and built a water slide
in 1986 for an amusement part in Colorado Springs. In July
1994, Terri Dunton sustained serious and disabling injuries in a tubing
accident on this slide. The Duntons sued
Whitewater in Colorado state court, serving process on Whitewater's local
agent. When six weeks had passed without
action from Whitewater, the court entered a default judgment and, after a
hearing, awarded damages totalling about $467,000.
In November 1995, the
Duntons began proceedings to register this judgment in British Columbia under
the Court Order Enforcement Act (COEA).
This apparently jogged Whitewater into filing a motion before the
Colorado court to set aside the default judgment in February 1996. The state court could find no reason,
however, for Whitewater's failure to challenge service or to respond to the
case on the merits. It therefore denied
the motion the following month, noting that Whitewater might have had a valid
limitations defense. Without entering
into a supersedeas bond, Whitewater filed a notice of intent to appeal the
Colorado ruling to the intermediate appellate court.
In this procedural posture,
the British Columbia Supreme Court dismisses the Duntons' registration
proceeding. Section 31(6)(e) of COEA
bars registration of foreign judgments (1) if an "appeal" is pending
in the foreign court or if the time for taking an appeal has not expired; or
(2) if the judgment debtor would have a good defense if judgment creditors sued
on the judgment. On point (1) the
Duntons lose. The court finds that the
term "appeal" in COEA includes not only a direct appeal from a
contested judgment but also an appeal from a lower court's refusal to set aside
a default judgment even though the time period for making such a motion is
indefinite.
On the other hand,
Whitewater loses on its second point.
The Supreme Court points out that, in its discretionary decision not to
set aside the default, the Colorado court took into account the possible
presence of a meritorious defense. The
bottom line is that the Duntons cannot register their judgment under COEA until
the appeal to the Colorado intermediate appeals court is final and the time for
any further appeal has run out. The
Court points out that a foreign judgment creditor has the option to file suit
upon the judgment in British Columbia, a proceeding governed not by COEA but by
general principles of private international law.
Citation:
Dunton v. Whitewater West Recreations, Ltd., 136 D.L.R.4th 56 (B.C.S.C. 1996).
JURISDICTION
In employment dispute
between U.S. citizen and foreign company based on employment contract concluded
abroad, Ninth Circuit finds lack of general jurisdiction over company who only
purchased licenses and TV programs in California
Sandra Ting sued her
previous employer, Orbit Communications Company (a foreign company) in
California for breach of contract, sexual harassment and other claims arising
out of her employment with the company.
The district court dismissed for lack of personal jurisdiction. The U.S. Court of Appeals for the Ninth
Circuit affirms, finding that the district court lacked general and specific
jurisdiction over Orbit.
A state court's exercise of
general jurisdiction over a foreign corporation is "reasonable and
just" when the corporation has continuous and systematic general business
contacts with the state. Helicopteros
Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 415 (1984). In this case, Orbit only acquired licenses
and TV programs in California for use abroad.
As the U.S. Supreme Court held in Helicopteros, mere purchases, even if
occurring regularly, are not enough to warrant in personam jurisdiction over a
non-resident corporation in a cause of action unrelated to those purchases. Orbit has not performed services, sold
products, or held any property in California.
Its employment of California attorneys and consultants and even its use
of a Los Angeles law firm as its agent for service of process was merely part
of its process of buying licenses and TV programs.
Finally, Orbit's inclusion
of California choice of forum and choice of law clauses in its contracts does
not warrant a finding of general jurisdiction because (1) the forum choice
clauses relate only to Orbit's licensing activities, and (2) a choice of law
provision by itself is insufficient to confer jurisdiction under Burger King v.
Rudzewicz, 471 U.S. 462, 482 (1985).
Citation:
Ting v. Orbit Communication Co., Ltd., No 95-55838 (9th Cir. January 7, 1997).
SOVEREIGN IMMUNITY
FSIA did not preclude
American woman's sex and age discrimination suit against Canada over hiring of
younger and less experienced male as Commercial Officer,
according to Ninth Circuit
Arlene Holden, an American
citizen, worked as a Commercial Officer with the Canadian Consulate in San
Francisco for 13 years. Canada closed
the Consulate in 1993, however, laying Holden off and substituting a satellite
office with one commercial officer. In a
competition for this slot, Canada chose a younger male with less experience
than Holden. Holden then sued Canada in
federal court alleging federal claims of sex and age discrimination and
associated state claims. Canada moved to
dismiss based on sovereign immunity under the FSIA but the district court
denied the motion. The present
interlocutory appeal followed.
In a rare FSIA case in
which plaintiff prevails on jurisdiction, the U.S. Court of Appeals for the
Ninth Circuit affirms. The Court accepts
plaintiff's argument that her suit dealt with exempted "commercial"
activity under 28 U.S.C. § 1605(a)(2).
Although the closing of a consulate clearly constituted a
"sovereign" act, this is not the basis of Holden's action. Instead she complains that Canada had
retained a younger and less experienced male and had fired her.
Examining the legislative
history of the FSIA, the Court agrees that the hiring and firing of diplomatic,
civil service and military personnel would be jure imperii. Holden, however, did not fit any of these
categories. She was not in the Canadian
civil service since she had not taken any competitive examination and lacked
tenure and other associated civil service benefits. Nor was she a diplomat. Although she did represent Canadian business
interests, she was not privy to Canadian policy nor could she speak on behalf
of the Canadian government. As an
American, she could not enter the Consulate unless escorted by a Foreign
Service Officer. Finally, serving as a
marketing agent for Canadian products is an activity regularly performed by
private individuals.
Citation:
Holden v. Canadian Consulate, 92 F.3d 918 (9th Cir. 1996).
Ninth Circuit rules that
plaintiff injured by negligent driving of vacationing aircraft maintenance trainee
on scholarship funded by state-owned airline could not sue airline under FSIA
Fahad Abdullah Maghrabi
(Maghrabi) is a citizen of the Kingdom of Saudi Arabia. Pursuant to their ongoing training program,
Saudi Arabian Airlines (Saudia) granted him a scholarship to study English and
aircraft maintenance in the U.S. Saudia provided Maghrabi with living expenses,
health insurance and school supplies.
Saudia did not withhold taxes from the sums paid as Saudia normally does
for its American employees and gave Maghrabi no guarantee of future
employment. He signed a Personal
Responsibility statement indicating that he assumed responsibility for his
driving license and for proper auto insurance while driving his own or a rental
car in the U.S. Unlike Saudia employees,
Maghrabi received no discount on airline tickets.
Paying full price, Maghrabi
flew from his school in Texas to Los Angeles where he rented a car in his own
name. On January 26, 1993, Maghrabi
crashed his rental car into a motorcycle driven in Malibu by John Randolph
causing him multiple injuries. Randolph
and his wife sued Maghrabi, Saudia and the rental agency in California state
court. Pointing out that the Saudi
Arabian government wholly owned it, Saudia removed the case to federal court
and moved for summary judgment based on immunity from suit under the FSIA. Relying on the "commercial
activity" exception in 28 U.S.C. § 1605(a)(2), the district court rejected
the claim and, after a bench trial, entered judgment against Saudia for $914,254. Saudia took an appeal.
Although neither side had
argued the jurisdictional issue on appeal, the U.S. Court of Appeals for the
Ninth Circuit reverses on that ground.
Under Circuit precedent, once plaintiff puts in evidence that one of the
exceptions in 28 U.S.C. § 1605 applies, the defendant must show that the
exception does not apply by a preponderance of the evidence.
Here, the Court determines
that the lawsuit below sounded in tort and focussed on the non-commercial
negligence of an alleged employee of a state-owned enterprise. The specific acts of driving a rented car on
a private trip at his own expense did not arise out of Saudia's commercial
activity in the U.S. Thus, the lower
court clearly erred in exercising jurisdiction under 28 U.S.C. § 1605(a)(2).
The appropriate provision
to analyze, the Court notes, was the tortious act exception found in 28 U.S.C.
§ 1605(a)(5). The main issues here are
(1) whether an individual employee of a sovereign state entity committed
tortious acts while in the scope of his employment and (2) whether the person's
activity was or was not based upon the exercise of a discretionary
function. Applying California law to the
employment relation, the Court rules that Maghrabi was not an employee of
Saudia.
At the time of the
accident, Maghrabi was a student not under the control of Saudia as to his
daily activities. Saudia has never
offered him a job as an airlines mechanic at the end of training nor would he
be obliged to accept such an offer if made.
In addition, none of Maghrabi's activities as a student conferred a
direct benefit on the daily operations of Saudia.
In sum, the Court does not
believe that the California Supreme Court would stretch the concept of
respondeat superior to include sponsors of scholarships in training
programs. Finally, even assuming
arguendo that he was an employee, Maghrabi's personal vacation trip did not
make him a "commercial traveler" on his employer's business. Nor would the "bunkhouse" rule
apply here for it would require positing the entire U.S. as the
"premises" of Saudia simply because Saudia was financing Maghrabi's
study of English in this country.
Citation:
Randolph v. Budget Rent-a-car, 97 F.3d 319 (9th Cir. 1996).
TRADE
In response to international
pressure, Japan amends copyright rules regarding sound recordings
Responding to international
pressure to reform its copyright law, the Japanese Parliament (Diet) has
amended the copyright law to bring it into conformity with WTO rules. The amendment is expected to protect musical
hits produced in the 1950s and 60s.
The amendment gives 50-year
intellectual property protection to performers and producers of sound
recordings. The previous Japanese rules
protected such recordings only back to the year 1971.
The European Union had
brought a complaint before the WTO in this matter to achieve protection of such
recordings from 1946 on in Japan according to the WTO Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPs).
Citation: Chosakuken ho no chibu o kaiseisuru horitsu
[Amendment to the Copyright Law], 1996 Kanpo [Japanese Official Gazette),
Number 277, December 26, 1996 [Heisei Year 8), page 4; European Union News
press release No. 3/97 (January 16, 1997).
Russian Federation regulates
the labelling and packaging requirements for imported foodstuffs
On December 27, 1996, the
Government of the Russian Federation approved Rules to ensure that imported
foodstuffs are properly labelled in Russian.
The regulations are based on Decree No. 799 "On Measures to Protect
the Russian Federation Consumer Market Against the Penetration of Off-Standard
Import Goods" (July 12, 1996).
According to the new rules,
the importing entities must provide information on the foodstuffs'
- Name
- Country of origin and
manufacturer
- Weight or volume
- Main ingredients
including food additives
- Nutritional value
- Shelf-life
- Storage conditions
- Instructions on
preparation (for semi-finished products and food items for children)
- Instructions and
recommendations for use.
That information must be
indicated on the packaging or the label.
If is not possible to provide that information on the packaging or the
product itself, it may be enclosed on a separate sheet.
The effective date of the
Rules is May 1, 1997.
Citation:
Decree Number 1575, Rules on Ensuring the Availability on Imported Foodstuffs
of Information in Russian. [You may
obtain a copy of these regulations from the U.S. Department of Commerce,
Russian Desk, Phone: (202) 482-2296 or 482-4655.]
EU to review U.S. origin
rules for textiles
The EC Commission is
currently reviewing the United States origin rules for textile products. The EU action follows a complaint by the
Italian textiles federation (Federtessile).
Under the so-called EU Trade Barriers Regulation, individual firms as
well as industries and Member States may request the EC Commission to take
action against a specific trade barrier.
Based on the new
"Market Access Strategy," the EC Commission is critically reviewing
the U.S. origin rules (effective July 1, 1996) that might prevent certain
products manufactured in Europe from bearing European labels because the raw
materials originated in China and other countries.
According to the Italian
complaint, grey fabric imported into the EU to be dyed and printed was a EU
product under previous U.S. origin rules.
Now such products would be considered as originating from where the grey
fabric came from. For example, silk
scarves dyed and printed in Italy on Chinese silk would have to be sold in the
U.S. with a label "Made in China" where the silk originates. Moreover, since such products would no longer
be EU products, they would be subject to import quotas in the U.S.
In the Commission's view,
the U.S. origin rules may violate under the WTO agreement on Textiles and
Clothing as well as the agreement on Rules of Origin.
Once the Commission has
completed an investigation, it will report to the Member States and possibly
seek recourse to dispute settlement procedures.
Citation:
Notice of initiation of an examination procedure ..., 1996 O.J. of the European
Communities (C 351) 6, 22 November 1996; European Union News press release No.
71/96 (December 2, 1996).
Mexico issues technical
requirements for electrical wiring and conductors as well as industrial light
fixtures
On October 21, 1996, the
Mexican Official Gazette published a technical standard outlining the safety
requirements for electrical cables, wires, and conductors. In several tables for specific kinds of
cables and conductors, it specifies the electrical qualities of the materials
that must be used. Several Mexican trade
associations and companies took part in generating the standard. Its effective date is January 18, 1997.
In a related matter, the
Mexican Official Gazette published a technical standard for industrial,
commercial and public light fixtures for interior and exterior use. The standards set forth the safety
requirements and tests for such products.
It does not, however, apply to residential, signal lights, emergency
equipment, or lights used in hazardous areas.
This standard is not related to any international standard. Its effective date is October 31, 1996.
Citation: Proyecto de norma oficial Mexicana
NOM-063-SCFI-1994, productos electricos - conductores - requisitos de
seguridad, 1996 Diario Oficial de la Federación [Official Gazette of Mexico],
October 21, 1996; Norma oficial Mexicana NOM-064-SCFI‑1995, aparatos electricos
- requisitos de seguridad en luminarios para uso en interiores y exteriores,
1996 Diario Oficial de la Federación, October 30, 1996.
- European Union joins
sanctions on Iraq. The EU Council has
issued a regulation, a decision, and a common position regarding economic
relations with Iraq. Council Regulation
No. 2465/96 sets forth the restrictions, and prohibits any import of products
originating in Iraq, the export of any EU products to Iraq, as well as providing
any non-financial services that would promote Iraq's economy. The prohibitions do not apply, however, (1)
to products exported to, or imported from, Iraq before August 7, 1990, (2) to
the export of petroleum and petroleum products from Iraq approved pursuant to
U.N. Security Council Resolution 986 (1995), (3) to related financial services,
and (4) to civilian supplies. Citation: 1996 O.J. of the European Communities (L 337)
1, 4, 5, 27 December 1996.
- International Legal
Materials Completes coverage of International Court of Justice Opinion in the
nuclear weapons case. Much of the
lengthy Advisory Opinion on the Legality of the Threat or Use of Nuclear
Weapons appeared at 35 I.L.M. 809 (1996).
In its November issue, the Materials includes "Declarations and
Separate Opinions" not included in the prior issue. See 35 I.L.M.
1343. This renders the complete set of
opinions and statements available in English.
Citations: 35 I.L.M. 809, 1343 (1996).
- New York federal court
finds that FSIA grant of immunity to foreign state agencies does not extend to
corporation that is majority-owned by foreign state instrumentality: Hyatt Corp. sued a Finnish bank which is
majority-owned by the Finnish Government Guarantee Fund. The bank claimed immunity under the Foreign
Sovereign Immunities Act (FSIA). The
district court holds that the FSIA's grant of immunity to any "agency or
instrumentality" of a foreign state does not apply to a corporation that
is majority-owned by an agency or instrumentality of a foreign state. 28 U.S.C. § 1603(a) defines an "agency
or instrumentality" to include "a political subdivision of a foreign
state or an agency or instrumentality ..."
The court concludes that Congress viewed "agency or instrumentality"
narrowly. Therefore, a corporation that
is majority-owned by an agency or instrumentality of a foreign state is not
itself an agency or instrumentality. In
the Court's view, to extend immunity to corporations owned by foreign states or
their political subdivisions would unduly extend the scope of immunity under
the FSIA. Citation: Hyatt Corp. v. Stanton, No. 96 Civ. 4934
(S.D.N.Y. November 19, 1996).
- EC Commission approves
notified concentrations involving U.S. companies: The EC Commission published a notice that it
does not object to the merger between General Electric and CompuNet. More information is in document 396M0798,
available from EC sales offices or the database CELEX. Citation: 1996 O.J. of the European
Communities (O.J.) (C 324) 10, 30 October 1996. -- The Commission also has
announced its nonopposition to the notified merger between Chevron Corp.,
British Gas, Nova Corp. and NGC Corp. (document 396M0747). Citation: 1996 O.J. (C 360) 3, 29
November 1996, and the notified merger of John Deere Capital Corp with Lombard
North Central plc (document 396M0823), Citation: 1996 O.J. (C 359) 11,
28 November 1996.
- Colombia to change
constitution to permit extradition of criminal defendants: A frequent complaint of U.S. law enforcement
officials has been that the Colombian Constitution does not permit the extradition
of narcotraffickers and other criminals.
Currently, a amendment to the Colombian Constitution is under way to
permit extraditions in the future. In
Colombia, such an amendment requires eight debates (votaciones) before it is
finally approved. On November 12, 1996,
the Colombian Senate (Cámara Alta) approved the proposal in the second debate. Citation:
Avanza la ley de extradición en Colombia, 1996 El Norte, Primera edición 4
(November 13, 1996). [For more
information, call the Embassy of Colombia in Washington, D.C. at (202)
387-8338.]
- U.S., European Union,
Australia, Canada, Japan, Norway and Switzerland to conclude agreement for the
development of advanced "intelligent" manufacturing systems: The Commission of the European Communities
has published a proposal for an agreement for international cooperation in
research and development in the domain of intelligent manufacturing systems
between the European Community and Australia, Canada, Japan, the United States
of America, Norway and Switzerland.
The Agreement outlines the
objectives of the cooperation (called the IMS Program), which are to improve
manufacturing techniques and the global environment. The parties will establish an International
IMS Steering Committee, and Inter-Regional Secretariat, and regional
secretaries. Each party will fund its
own participation. Interested industry
groups, universities and government agencies may participate.
The proposed
"technical themes" include life-cycle assessment of products, design
tools, and company organization. The
proposed agreement has an appendix on how to protect intellectual property
rights during research and development. Citation: 1996 O.J. of the European Communities (C 371)
1, 9 December 1996.
- EU getting ready to
introduce the "euro" as common currency: In preparation for introducing the
"euro" as the common EU currency, the Commission has published
proposals for two regulations that set forth detailed requirements and
procedures. For example, conversion
rates shall be adopted as one euro expressed in terms of each of the national
currencies. From January 1, 2000, on,
the European Central Bank and the national central banks shall circulate euro
banknotes. Citation: Proposal for a Council Regulation ..., 1996
O.J. of the European Communities (C 369) 8, 10, 7 December 1996.
- Japan and EU settle
dispute regarding Japanese liquor tax:
The Japanese Ministry of Financed has announced an agreement with the
European Union to settle the pending WTO dispute regarding Japanese liquor
taxes. A WTO Panel had found in July
1996 that Japan's liquor tax favored domestic liquor over imported liquor. In the future, European and U.S. liquor
manufacturers will enjoy lower taxes on sales in Japan. Japan will increase its tax on Japanese
"shochu" spirits, and concurrently cut the rate on whisky and brandy
to eliminate by the year 2001 the current disparities among the taxes on
various kinds of liquor. The U.S. has
rejected the Japanese proposal and requests an earlier implementation. Citation: European Union News press release, No. 5/97
(February 4, 1997); The Daily Yomiuri (Japan), February 4, 1997, page 12.
- China explains
position on legal changes in Hong Kong:
According to a Chinese press release, current Hong Kong laws will remain
unchanged once it reverts to China.
However, those parts of the common law that run counter to the Hong Kong
Basic Law, equity, laws and regulations, as well as customary law, will be
changed. China thus rejects British
protests against legal changes presented by the Preparatory Committee of the
Hong Kong Special Administrative Region (SAR).
Citation: Newsletter of
the Embassy of the People's Republic of China, No. 97(2) (January 24, 1997).
