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

Abstract

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

Suggested Citation

Dick, Diane Lourdes, The Case of the Little Yellow Cuban Biplane: Can Interest Analysis Reconcile Conflicting Provisions in Federal Statutes and International Treaties? (2004). Florida Law Review, Vol. 57, p. 91, 2004, Available at SSRN: https://ssrn.com/abstract=1712846

Diane Lourdes Dick (Contact Author)

Seattle University School of Law ( email )

901 12th Avenue, Sullivan Hall
P.O. Box 222000
Seattle, WA n/a 98122-1090
United States

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