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This guide provides judges with an introduction to some of the major areas of international environmental law and examines how the law might arise in federal litigation involving climate change, hazardous chemicals and materials, protected species, water pollution, air pollution, environmental disaster response, and transborder enforcement of environmental regulations. It discusses the various sources of international environmental laws, such as multilateral trade agreements, bilateral investment treaties, and international standards and standard-setting organizations.
Published by the Press of the People's Court (Beijing)
Translator: Maggie Shen
Acknowledges the Federal Judicial Center as publisher of the original work. The Federal Judicial Center cannot vouch for the accuracy of the translation.
Article title: not provided
Journal title: not provided
Date: PDF created 2/5/2015. Cover dated January 2014-1.
This guide provides an overview of the Foreign Sovereign Immunities Act of 1976 (FSIA). It discusses the FSIA’s purpose and scope of application, and it reviews the jurisdictional, procedural, and evidentiary questions most likely to arise at the outset of litigation. It discusses the entities entitled to immunity (in particular the distinctions between a "foreign state," its "political subdivisions," and its "agencies and instrumentalities"), exceptions to immunity, and issues relating to execution of judgments. The Addendum in Part VII discusses the terrorism exception, which was recently revised by Congress.
Although U.S. federal courts across the country are seeing an ever-increasing number of cases associated with international commercial arbitration, few judges are familiar with this unique and complicated area of law. This guide offers judges a useful framework for analysis of matters relating to international commercial arbitration by providing a succinct and practical overview of the field as well as a specific, motion-by-motion discussion of the kinds of issues that commonly arise in U.S. courts. In so doing, the guide discusses the use and purpose of international treaties and foreign and domestic case law as well as the relevance of arbitral awards and arbitral rules. The discussion also provides information on where to find additional source material in this important and rapidly changing area of law.
This guide addresses the questions that may arise when a party to litigation in a U.S. court seeks to enforce a foreign judgment or to use a foreign judgment for preclusive effect in local litigation. Part II details the historical background of the applicable state law in recognition cases, and discusses the relationship between recognition and enforcement. It reviews the 1962 Uniform Foreign Money-Judgments Recognition Act, the more recent 2005 Uniform Foreign-Country Money Judgments Recognition Act, and the Restatement of Foreign Relations Law's provisions on foreign judgment recognition. Part III discusses issues important at the outset of any recognition case, including matters of scope under both Recognition Acts. Part IV covers the generally accepted grounds on which a judgment may be denied recognition, noting the minor differences between the common law approach, which generally follows the Restatement of Foreign Relations Law, and the statutory approach resulting from the 1962 Recognition Act and the 2005 Recognition Act. Part V reviews common issues in applying the grounds for non-recognition, and Part VI discusses recent proposals and other developments that are likely to bring change to the law on recognition and enforcement of foreign judgments.
This report provides a brief history of alternative dispute resolution, or ADR, in the federal district courts, touching on the statutes that have prompted ADR developments and noting policy guidance and support to assist courts in establishing ADR programs. The report then provides a summary of ADR procedures authorized in the district courts as of late 2011.
This guide is intended to help judges who receive multidistrict litigation (MDL) products liability assignments to manage MDL cases and to introduce some of the procedures that transferee judges have developed over the years.
This report presents the results of interviews of a small group of attorneys who had completed the Center's case-based survey on the costs of litigation under the Federal Rules of Civil Procedure. The attorneys discuss the principal factors associated with higher litigation costs, particularly discovery, and they also discuss pleading standards, summary judgment, and other procedural matters.
An analysis of all cases filed in federal district courts, bankruptcy courts, and courts of appeals in 2006 revealed that 0.2% of civil cases, 1.6% of criminal cases, 16% of magistrate judge cases, 34% of miscellaneous cases, and 0.1% of appeals were sealed approximately two years after filing. Cases filed in bankruptcy courts are virtually never sealed. This report, prepared for a sealed case subcommittee of the Judicial Conference's standing Committee on Rules of Practice and Procedure, describes why and how cases were sealed.