[IntLawProfessors] THE NEW PAQUETTE HABANA CASE?
bills at tjsl.edu
Sun Oct 30 04:19:35 EST 2011
During my int'l law teaching career, I've been in the hunt for a case to replace the venerable Paq Hab (1900 US SCt "Int'l law is a part of our law.") While one or two candidates have surfaced, IMHO there's now a good US federal case: the Ninth Circuit's Sarei v. Rio Tinto , 2011 Westlaw 5041927 (Oct. 25, 2011) (120 page-case not attached).
Although the 9th Cir is reversed, far more than any other US federal appellate court, I can't imagine Rio Tinto's lawyers risking a cert grant---not withstanding the strong dissent in this Alien Tort Statute case. I'm guessing they'll settle this case b4 it goes further (a la Unocal). Sometime in my spring semester (2012), I will upload an edited version of this case. You can then let me know (not now, I'll just lose it), if you'd like the cite to the edited version of this case on my course website.
I'd of course be interested in your opinion re whether it's a good as I sense it is---for demonstrating how int'l is a part of our law.
More information about the Intlawprofessors