Treaties

News & Analysis as of

Week in Review – June 2015

Special Session – Not Yet - Governor Mark Dayton and House Republican leaders on Monday tentatively agreed to a two-year school spending budget, moving them one step closer to avoiding a partial government shutdown...more

Friendship, Commerce and Navigation Treaties and Title VII

On April 15, 2015, former employee Steven Heldt sued Tata Consultancy Services, Ltd. in United States District Court for the Northern District of California for discrimination. Tata is multinational corporation headquartered...more

Duty to Consult Not Triggered for Exploration Dispositions: Saskatchewan Court of Appeal

The grant of exploration dispositions for oil sands located beneath treaty lands did not trigger the Crown’s duty to consult, the Saskatchewan Court of Appeal held recently in Buffalo River Dene Nation v Ministry of Energy...more

Alert: International Enforcement of English Asset Recovery Judgments

Civil proceedings brought by the state or a state entity are one mechanism to recover the proceeds of corruption, or to claim compensation for corrupt acts. Typically, substantial corruption cases are international in...more

BC Supreme Court to Consider Cumulative Impacts of Resource Development on Treaty Rights

On March 3, 2015, Blueberry River First Nation (“BRFN”) sued the Province of BC seeking to break new ground by considering the cumulative impacts of resource development on BRFN’s traditional territory and treaty rights....more

China/UK: Co-production treaty ratified

The UK Culture Secretary Sajid Javid has announced the ratification of a landmark film co-production treaty between the UK and China....more

Supreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands

On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in...more

The UK and China agree film co-production treaty to boost ‘Chinewood’

On 23 April, the UK and China signed a landmark film co-production treaty (the “Treaty”) with the aim of encouraging closer cultural ties between the UK and China. The Treaty offers a unique opportunity for UK films to...more

District Court Holds Guyana Not a Party to Warsaw Convention

- In deciding treaty status, courts place "controlling importance" on the governmental conduct of the countries at issue. - Guyana's post-independence accession to other treaties – but its failure to formally accede to the...more

Doing Business in Latin America and The Caribbean: Turks & Caicos Islands

The Turks and Caicos Islands (TCI) lie 575 miles southeast of Miami and 39 miles southeast of The Bahamas. There are eight principal inhabited islands which have an estimated population of 35,000. The legal system is based...more

Common Sense In The Definition Of ‘Instrumentality’ Under The FCPA

In what can only be called a judicial decision based on common sense the 11th Circuit Court of Appeals, in an opinion released on May 16, upheld the convictions of Joel Esquenazi and Carlos Rodriguez for violations of the...more

Court Defers Ruling On Appointment Of Umpire Pending Disclosures To Determine Neutrality

We previously reported on December 17, 2013, about a dispute in federal court between Nationwide Mutual Insurance Company, National Casualty Company, and Employers Insurance Company of Wausau (collectively, “Nationwide”) and...more

The Cape Town Convention: An Evolving Process (with a Side Note on Non-Citizen Trusts)

Introduction - This is the second article for the International Comparative Legal Guide series. Our first article covered the Convention on International Interests in Mobile Equipment (the “Convention”) and the...more

Department of Finance Releases Consultation Paper on Anti-Treaty Shopping Measures

In the March 2013 Federal Budget, the Department of Finance indicated that it intended to initiate a consultation process on certain "treaty shopping" practices. On August 12, 2013, the government released a consultation...more

White Paper Asserts That Existing Trade Agreements Provide No Data Exclusivity for Biologics

In a white paper released earlier this month, Professor Brook Baker of the Northeastern University School of Law argues that current trade agreements do not provide data exclusivity for biologics, and therefore, that the...more

EU outlines preliminary goals in connection to first TTIP round

Last week, the EU and US met for the first round of negotiations of a Transatlantic Trade and Investment Partnership (TTIP) Agreement. In statements following the closing of this round, chief negotiators for both sides...more

Cyprus-Ukraine Tax Treaty Ratified

The Convention for the avoidance of double taxation and the prevention of fiscal evasion signed between Cyprus and the Ukraine on 8th November 2012 will enter into force as from 1 January 2014....more

Italy Tax Update - June 2013: Law Decree N. 179 Dated 18 October 2012: Recent Clarifications Given By The Tax Authorities

In a recent position (n. 12/E dated May 3, 2013) Tax Authorities dealt again with the amendments made by Law Decree n. 179/2012 with reference to the international transports taxation. In particular, art. 38 par. 1 of...more

Reinsurance Redux - April 2013

In This Issue: - Assignment of Right to Collect on Reinsurance Treaty Held Not to Include Underlying Arbitration Clause: On February 25, 2013, the United States District Court for the Northern District of...more

Partial Win For Golfer In Treaty Case

A recent Tax Court case addressed some interesting athlete and treaty issues. The Court ended up siding with the golfer on some, but not all, of the golfer's positions....more

REGULATORY: International Trade: Energy Discrimination And International Rules In Hard Times: What’s New This Time Around, And...

International trade and investment in the energy sector takes place in a framework of treaties based on the conviction that all boats rise on the tide of free trade and underpinned by legal obligations, including the...more

A New Design Patent International Filing Treaty

A new system for international design patent registration will greatly benefit design innovators through cost and timing efficiencies. In December 2012, President Obama signed into law the Patent Law Treaties Implementation...more

Patent Treaty Implementation Act Eases Foreign Design Patent Filings

After a long delay, the United States will soon implement two multilateral treaties that will assist U.S. applicants in securing design and utility patents in foreign countries. The Hague System Agreement will allow design...more

Patent Law Treaties Implementation Act Passes, Streamlining International Registration of Industrial Designs

On December 5, 2012, the U.S. House of Representatives passed the Patent Law Treaties Implementation Act. The Senate previously passed the Act on September 22, 2012....more

Doing Business in Canada: Outsourcing

Most Canadian industries employ a broad range of third party service structures to ensure that certain operations and business processes are performed more efficiently and effectively than customers are able (or even know...more

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