Part IV Intangible Property that is Incapable of Transfer, 22 Intangibles Not Transferable by Reason of Public Policy
in The Law of Assignment
March 2018 .
Chapter. Subjects: Law. 5 pages. 2408 words.
This chapter discusses intangibles not transferable by reason of public policy. In the case of certain sums receivable in the future, reasons of public policy preclude their assignment. The...
in The Journal of World Energy Law & Business
April 2014; p ublished online November 2013 .
Journal Article. Subjects: Environment and Energy Law. 8956 words.
The Brazilian regulatory framework for petroleum exploration and production activities was significantly altered after the discovery of pre-salt province. In addition to Act No. 9.478, of 6...
American Pelagic Fishing Company LP v United States, Appeal judgment, 34 ELR 20075, ILDC 310 (US 2004), 16th August 2004, Court of Appeals (Federal Circuit) [Fed. Cir.]
Legal Material. Subjects: Public International Law; International Law; Law. 9891 words.
Whether the right to fish in the United States Exclusive Economic Zone was a legally cognizable property right under the Fifth Amendment to the Constitution giving rise to a claim for...
John Doe v United States, Trial judgment, ILDC 1868 (US 2010), 95 Fed.Cl. 546 (Fed. Cl. 2010), 10th November 2010, Court of Federal Claims [Fed. Cl.]
Legal Material. Subjects: Public International Law; International Law; Law. 28249 words.
Whether the doctrine of military necessity precluded compensation for the destruction of civilian property.
Whether the United States enjoyed sovereignty over Iraq in 2004...
Reference Entry. Subjects: Public International Law; International Law; Law. 6399 words.
Medellín (José Ernesto) v Dretke (Director, Texas Department of Criminal Justice, Institutional Division), Decision of Court of Criminal Appeals (Texas), App No AP-75, 207, 223 S.W.3d 315 (Tex.Crim.App. 2006), ILDC 669 (US 2006), 15th November 2006, Court of Criminal Appeals [Tex. Crim. App.]
Legal Material. Subjects: Public International Law; International Law; Law. 18848 words.
Whether a decision of the International Court of Justice (‘ICJ’) constituted binding federal law pre-empting state law.
Whether the President could constitutionally obligate states...
A and ors v Netherlands (Ministry of Foreign Affairs and Ministry of Education, Culture, and Science), First instance judgment, Decision No LJN: BL1862/334949, ILDC 1463 (NL 2010), 3rd February 2010, Netherlands [nl]
Legal Material. Subjects: Relationship Between International and Domestic Law; Public International Law; International Law; Law. 4924 words.
Whether the Netherlands could justify a distinction based on nationality by relying on Resolution no 1737, UN Security Council.
Bobetko Report, Croatia, Review of Constitutionality and Legality, Case No U-X-2271/2002, ILDC 383 (HR 2002), 12th November 2002, Croatia
Legal Material. Subjects: International Courts and Tribunals; Relationship Between International and Domestic Law; Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 29450 words.
Whether the Croatian Constitutional Court could review the constitutionality of decisions of a United Nations organ.
Whether actions of the Croatian Army, carried out with the aim...
in Financial Services Law
March 2018 .
Chapter. Subjects: Law. 28 pages. 14310 words.
This chapter examines the statutory framework for financial services regulation in the UK. The regulatory reforms that culminated in the break-up of the Financial Services Authority (FSA)...
Dominica and Secretariat of State of the Environment and Natural Resources of Dominica v AES Corporation and ors, Ruling on a Motion to Dismiss, 466 F.Supp.2d 680 (E.D.Va. 2006), ILDC 710 (US 2006), 5th December 2006, District Court for the Eastern District of Virginia [E.D. Va]
Legal Material. Subjects: Public International Law; International Law; Law. 9598 words.
Whether a foreign state had standing to sue in a United States court for ecological and health damages in its territory.
Whether the act of state doctrine bars adjudication of a...
Bankruptcy-remote transactions and bankruptcy law—a comparative approach (part 2): can parties validly waive bankruptcy proceedings?
in Capital Markets Law Journal
July 2015; p ublished online June 2015 .
Journal Article. Subjects: Financial Law; Capital Markets. 16230 words.
Legal Material. Subjects: Law. 22 pages. 10222 words.
The recent Cooperation and Facilitation Investment agreements signed by Brazil display some innovative features, such as the exclusion of investor-state dispute settlement and the inclusion...
Galvis-Pena v United States, Report and recommendation on motions to dismiss, 2011 WL 7268437 (ND Ga), ILDC 2188 (US 2011), 6th December 2011, United States; Georgia; District Court for the Northern District of Georgia [ND Ga]
Legal Material. Subjects: Public International Law; International Law; Law. 9435 words.
Whether the international nature of drug trafficking, and the money laundering derived from it, justified the extra-territorial application of criminal laws forbidding such activities.null...
in Financial Services Law
March 2018 .
Chapter. Subjects: Law. 72 pages. 38498 words.
This chapter examines the statutory regime for the regulation of banks and banking in the UK. It first considers the development of UK banking supervision before discussing the traditional...
Reference Entry. Subjects: Public International Law; International Law; Law. 5511 words.
Young v Australia, Merits, Communication No 941/2000, UN Doc CCPR/C/78/D/941/2000, (2003) 5 IHRR 747, IHRL 1921 (UNHRC 2003), 6th August 2003, United Nations Human Rights Committee [UNHRC]
Legal Material. Subjects: Public International Law; International Law; Law. 9919 words.
Whether the denial of a war veteran's pension on the basis of the veteran's sexual orientation constituted an infringement of the right to equality before the law in breach of Article 26 of...
Yapp v Attorney General, Appeal judgment, 26 F3d 1562 (11th Cir 1994), ILDC 2008 (US 1994), 3rd August 1994, Court of Appeals (11th Circuit) [11th Cir.]
Legal Material. Subjects: Public International Law; International Law; Law. 8428 words.
Whether the ‘lapse of time’ provision of the Extradition Treaty referred to the running of statutes of limitations or to violations of the constitutional right to a speedy trial.
Reference Entry. Subjects: Public International Law; International Law; Law. 5385 words.
Ministry of Defence and Support for the Armed Forces of the Islamic Republic of Iran v Cubic Defence Systems, Incorportated, Rubin (joining) and ors (joining), Trial court judgment, 2013 US Dist LEXIS 171268 (SD Cal 2013), ILDC 2327 (US 2013), 27th November 2013, United States; California; District Court for the Southern District of California [SD Cal]
Legal Material. Subjects: Law. 18076 words.
Whether Iran had sovereign immunity for alleged acts of terrorism.
Whether the Algiers Accords between the United States and Iran barred the attachment of Iranian property in the...
in Antitrust Procedural Fairness
January 2019 .
Chapter. Subjects: Law. 16 pages. 7501 words.
This chapter provides an overview of the Brazilian antitrust legislation and practice from the standpoint of procedural fairness. It begins with a summary of the legislative evolution that...