The Case of the Little Yellow Cuban Biplane: Can Interest Analysis Reconcile Conflicting Provisions in Federal Statutes and International Treaties?
42 Pages Posted: 22 Nov 2010
Date Written: 2004
This Article analyzes conflicts that arise under international agreements that define and protect foreign ownership interests in civil aircraft, on the one hand, and domestic laws that allow Americans to bring suit against state sponsors of terrorism, on the other hand. Finding that courts often perform concealed interest analyses under the guise of mechanical application of canons of construction, this Article recommends a comparative impairment interest analysis approach to resolving this and related conflicts.
Keywords: conflicts, international law, aviation, treaty
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