Justia International Law Opinion Summaries

The case involves an appeal by Marmen Inc., Marmen Énergie Inc., Marmen Energy Co., the Government of Québec, and the Government of Canada against a decision by the U.S. Department of Commerce. The Department of Commerce had imposed countervailing duties on imports of certain utility scale wind towers from Canada, arguing that the Canadian government had provided illegal subsidies to the producers and exporters of these towers.The case was initially reviewed by the United States Court of International Trade, which upheld the Department of Commerce's decision. The appellants then appealed to the United States Court of Appeals for the Federal Circuit.The appellants argued that the Department of Commerce had erred in its assessment of three government programs and its computation of the sales denominator used to calculate the subsidy rate. They contended that the subsidy rate should have been de minimis, meaning it was too trivial or minor to merit consideration.The Court of Appeals for the Federal Circuit affirmed the judgment of the U.S. Court of International Trade, ruling that the Department of Commerce's determination was supported by substantial evidence and was in accordance with the law. The court rejected the appellants' arguments, finding that the Department of Commerce had reasonably determined that the auditor's adjustment was unreliable, and that the three subsidy programs at issue did provide countervailable subsidies. View "GOVERNMENT OF QUEBEC v. US " on Justia Law

The case involves Bainbridge Fund Ltd. (Bainbridge), which sought to attach property owned by the Republic of Argentina (Argentina) in partial satisfaction of a judgment entered against Argentina in 2020. The property in question, the Chancery Annex, was a building owned by Argentina in Washington, D.C. The Foreign Sovereign Immunities Act (FSIA) stipulates that the property of a foreign sovereign cannot be attached unless the sovereign waives immunity and the property is used for commercial activity in the United States. The district court denied Bainbridge’s application after finding that the property in question is not used for commercial activity.Previously, in the Southern District of New York, Bainbridge obtained a judgment against Argentina for $95,424,899.38, arising out of Argentina’s default on a bond owned by Bainbridge. The bond contained a waiver of sovereign immunity by Argentina. Bainbridge sought to attach and execute upon the Chancery Annex to satisfy the judgment in part.The United States Court of Appeals for the District of Columbia Circuit affirmed the district court’s denial of Bainbridge’s application. The court found that the Chancery Annex was not “used for commercial activity” at the time of filing. The court also rejected Bainbridge's argument that Argentina had waived the “commercial activity” requirement under Section 1610(a) of the FSIA. The court held that the bond did not evince an explicit promise or intent by Argentina not to raise FSIA defenses. View "Bainbridge Fund Ltd. v. Republic of Argentina" on Justia Law

The case involves an appeal by Wheatland Tube Company against a decision by the U.S. Court of International Trade, which affirmed the U.S. Department of Commerce’s remand determination concerning the scope of an antidumping duty order on certain steel pipes imported from Thailand. The dispute centers on whether certain imports of steel pipes, specifically those that are "dual-stenciled" as both standard pipes and line pipes, fall within the scope of the existing antidumping duty order.The U.S. Court of International Trade initially found that the Department of Commerce unlawfully expanded the scope of the antidumping duty order by determining that it covered dual-stenciled pipes. On remand, the Department of Commerce, under protest, concluded that the antidumping duty order did not cover dual-stenciled pipes. The U.S. Court of International Trade sustained this determination.On appeal, the United States Court of Appeals for the Federal Circuit reversed the decision of the U.S. Court of International Trade. The Court of Appeals held that the Department of Commerce’s initial determination that dual-stenciled pipes fall within the scope of the antidumping duty order was reasonable and supported by substantial evidence. The Court of Appeals found that the lower court's interpretation lacked support in the record and failed to give sufficient deference to the Department of Commerce under the substantial evidence standard of review. View "SAHA THAI STEEL PIPE PUBLIC COMPANY LIMITED v. US " on Justia Law

In 2020, seven victims of a 2016 terrorist bombing in Afghanistan obtained multi-million-dollar default judgments against the Taliban, Al-Qaeda, and the Haqqani Network. Following the Taliban’s 2021 takeover of Afghanistan, the victims, suing as John Doe plaintiffs, sought to attach assets held by the International Monetary Fund and the International Bank for Reconstruction and Development (commonly known as the “World Bank”). The plaintiffs argued that these assets belonged to the Afghan government or the central bank of Afghanistan, and that the Taliban had become the de facto Afghan government and the Afghan central bank its “instrumentality.”The district court granted the World Bank’s and Fund’s motions to quash the plaintiffs' writs of execution. The court found the Terrorism Risk Insurance Act (TRIA) inapplicable in this case. It expressed doubt that the funds the plaintiffs sought to recover belonged to Afghanistan, and it could not recognize an ownership claim by the Taliban to Afghan assets since the United States had not recognized the Taliban as the legitimate government of Afghanistan. The plaintiffs failed to show that the assets at issue fell under the TRIA, and so they had not shown that an exception to the Fund and the World Bank’s immunity applied. On that basis, the district court found that it lacked jurisdiction in the case and granted the motions to quash.The United States Court of Appeals for the District of Columbia Circuit affirmed the district court’s decision. The court held that the TRIA does not abrogate the World Bank’s and Fund’s jurisdictional immunity under the International Organizations Immunities Act and Foreign Sovereign Immunities Act. The court concluded that the TRIA applies only to foreign states and international organizations once jurisdiction has been established over them. Because the TRIA leaves the World Bank’s and Fund’s jurisdictional immunity intact, the district court could not entertain the plaintiffs' garnishment action. View "John Does 1-7 v. Taliban" on Justia Law

The case involves two Chinese-owned companies, Hikvision USA, Inc. and Dahua Technology USA Inc., that manufacture video cameras and video-surveillance equipment. They challenged an order by the Federal Communications Commission (FCC) that implemented the Secure Equipment Act (SEA), which prevented the marketing or sale in the U.S. of their products listed on the “Covered List,” a list of communications equipment considered a threat to U.S. national security.The U.S. Court of Appeals for the District of Columbia Circuit held that the SEA ratified the composition of the Covered List and left no room for the petitioners to challenge the placement of their products on that list under a predecessor statute. However, the court agreed with the petitioners that the FCC’s definition of “critical infrastructure” was overly broad.The court concluded that the FCC's order prohibiting the authorization of petitioners' equipment for sale and marketing in the U.S. for use in the physical security surveillance of critical infrastructure was upheld. However, the portions of the FCC’s order defining “critical infrastructure” were vacated, and the case was remanded to the Commission to align its definition and justification for it with the statutory text of the National Defense Authorization Act. View "Hikvision USA, Inc. v. FCC" on Justia Law

The defendant, Ahmed Alahmedalabdaloklah, a Syrian national, was convicted after a jury trial for participating in a conspiracy that targeted US military personnel and property in Iraq. The US Court of Appeals for the Ninth Circuit affirmed some convictions and reversed others. The court agreed with both parties that Alahmedalabdaloklah's convictions for conspiring to possess a destructive device in furtherance of a crime of violence and aiding and abetting the same could not stand after the Supreme Court's decision in United States v. Davis. The court reversed these convictions and remanded to the district court to vacate them. However, the court affirmed Alahmedalabdaloklah's convictions for conspiring to use a weapon of mass destruction and conspiring to damage US government property by means of an explosive. The court held that the statutes under which Alahmedalabdaloklah was convicted applied extraterritorially, meaning they applied to acts committed outside the United States. The court also held that the district court properly used procedures set forth in the Classified Information Procedures Act to withhold or substitute classified information from discovery. Despite several errors by the government in invoking the state-secrets privilege, the court excused these errors because remanding for proper invocation would be of little or no benefit. Finally, the court held that the use of overseas deposition testimony did not violate Alahmedalabdaloklah's rights under the Confrontation Clause or other constitutional and evidentiary rules. The court remanded the case to the district court for resentencing. View "USA V. ALAHMEDALABDALOKLAH" on Justia Law

In 2016, Venezuela's state-owned oil company, Petróleos de Venezuela S.A. (PDVSA), offered a bond swap whereby its noteholders could exchange unsecured notes due in 2017 for new, secured notes due in 2020. PDVSA defaulted in 2019, and the National Assembly of Venezuela passed a resolution declaring the bond swap a "national public contract" requiring its approval under Article 150 of the Venezuelan Constitution. PDVSA, along with its subsidiaries PDVSA Petróleo S.A. and PDV Holding, Inc., initiated a lawsuit seeking a judgment declaring the 2020 Notes and their governing documents "invalid, illegal, null, and void ab initio, and thus unenforceable." The case was taken to the United States Court of Appeals for the Second Circuit, which certified three questions to the New York Court of Appeals.The New York Court of Appeals, in answering the first question, ruled that Venezuelan law governs the validity of the notes under Uniform Commercial Code § 8-110 (a) (1), which encompasses plaintiffs' arguments concerning whether the issuance of the notes was duly authorized by the Venezuelan National Assembly under the Venezuelan Constitution. However, New York law governs the transaction in all other respects, including the consequences if a security was "issued with a defect going to its validity." Given the court's answer to the first certified question, it did not answer the remaining questions. View "Petróleos de Venezuela S.A. v MUFG Union Bank, N.A." on Justia Law

The United States Court of Appeals for the First Circuit reversed a lower court's dismissal of a lawsuit brought by the government of Mexico against several U.S. gun manufacturers and a gun distributor. The lawsuit alleges that these companies facilitated illegal gun trafficking into Mexico, causing significant harm to the country. The lower court had dismissed the case based on the Protection of Lawful Commerce in Arms Act (PLCAA), which generally prohibits lawsuits against gun manufacturers and sellers for harm caused by the criminal misuse of their products. On appeal, the First Circuit held that the PLCAA does apply to lawsuits initiated by foreign governments for harm suffered outside the United States. However, the court also found that Mexico's lawsuit plausibly alleges a type of claim that is statutorily exempt from the PLCAA's general prohibition, specifically, that the defendants knowingly violated federal and state statutes applicable to the sale or marketing of firearms, and that this violation was a proximate cause of the harm Mexico suffered. The case was remanded back to the lower court for further proceedings. View "Estados Unidos Mexicanos v. Smith & Wesson Brands Inc." on Justia Law

The United States Court of Appeals for the Eighth Circuit ruled in a case brought by the State of Missouri against several Chinese entities, including the government of the People's Republic of China, the Wuhan Institute of Virology, and others. Missouri accused the defendants of negligence in relation to the COVID-19 pandemic, alleging that they allowed the virus to spread worldwide, engaged in a campaign to keep other countries from learning about the virus, and hoarded personal protective equipment (PPE). The court decided that most of Missouri's claims were blocked by the Foreign Sovereign Immunities Act, which generally protects foreign states from lawsuits in U.S. courts. However, the court allowed one claim to proceed: the allegation that China hoarded PPE while the rest of the world was unaware of the extent of the virus. The court held that this claim fell under the "commercial activity" exception of the Foreign Sovereign Immunities Act, as it involved alleged anti-competitive behavior that had a direct effect in the United States. The case was remanded for further proceedings on this claim. View "The State of Missouri v. The Peoples Republic of China" on Justia Law

In this case, the United States Court of Appeals for the Federal Circuit was asked to review a decision by the United States Court of International Trade. The dispute arose from an anti-dumping investigation conducted by the Department of Commerce into the sale of certain welded carbon steel pipes from Thailand, specifically those sold by Saha Thai Steel Pipe Public Company Limited and Thai Premium Pipe Company Ltd.The Department of Commerce initially found that the costs of producing these pipes were distorted by a "particular market situation" (PMS) in Thailand that affected the cost of hot rolled steel coil, a crucial component in the production of these pipes. As a result, the Department made upward adjustments to the production costs of these companies when calculating the anti-dumping margins, which impacted the duty rates assigned to each company. This decision was challenged in the Court of International Trade, which found that the Department had overstepped its statutory authority.The Court of International Trade ruled, based on the precedent set in Hyundai Steel Co. v. United States, that the Department of Commerce was not allowed to make a PMS adjustment to the cost of production when determining anti-dumping margins. The court remanded the case to the Department to recalculate the dumping margins without the PMS adjustment.The case was subsequently appealed to the United States Court of Appeals for the Federal Circuit. The appellant, Wheatland Tube Company, argued that this case could be distinguished from Hyundai Steel because the Department had relied on a subsection of the statute to adjust the cost of production upward to account for a PMS by framing it as a constructed value calculation. The Court of Appeals disagreed, affirming the lower court's decision and holding that the statute does not authorize PMS adjustments to cost of production calculations, regardless of how the Department attempted to frame it. View "SAHA THAI STEEL PIPE PUBLIC COMPANY LIMITED v. US " on Justia Law