Treaties of friendship, commerce and navigation - effect on action for employment discrimination based on national origin - Civil Rights Act of 1964
Article Abstract:
The issue of Fortino v Quasar Co was employment discrimination due to country of origin. The Seventh Circuit Court of Appeals decided that the Treaty of Friendship, Commerce and Navigation (FCN Treaty) between the US and Japan constituted a defense to actions based on American civil rights laws protecting people from discrimination due to country of origin. The FCN Treaty allows companies to hire people 'of their choice' in the foreign country where the company maintains operations. The Court decided that the 1964 Civil Rights Act did not cover discrimination based on citizenship.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1992
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Bilateral investment treaties - applicable law - state responsibility - compensation standard
Article Abstract:
Asian Agricultural Products Ltd v Republic of Sri Lanka was the first case arbitrated by the International Centre for the Settlement of Investment Disputes based on a consent clause of a bilateral investment treaty. The claimant sought damages for the loss of his investment in Sri Lanka, allegedly due to government military activity against insurgents. The tribunal found the host state at fault under the treaty for failing to provide 'full protection and security' and held that it must pay damages according to the standards of general international law.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1992
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The new Polish-German treaties and the changing political structure of Europe
Article Abstract:
Two bilateral treaties were concluded between Poland and Germany in Nov 1990 and Jun 1991 and exemplify political and social developments in Central Europe. The first treaty confirms the Oder-Neisse boundary line, ending a dispute regarding the eastern border of Germany which had gone on since the end of World War II. The Treaty on Good Neighborliness and Friendly Cooperation states that the two countries wish to cooperate in international security affairs and sets limits on minority rights. The treaties open a new window for European unity.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1992
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