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Rio Tinto Zinc Corporation and Others v. Westinghouse Electric Corporation
Published online by Cambridge University Press: 01 January 2021
Abstract
International law in general — Relation to municipal law — Treaties — Relation to statute — Relevance of unimplemented treaty provision to exercise of discretion by Contracting State — The law of England
States as international persons — In general — Sovereignty and independence — In matters of domestic jurisdiction — Attempt to extend United States grand jury's investigations extraterritorially — Letters rogatory — Whether to be implemented — Whether an infringement of sovereignty — Relevance of policy of the Government — The law of England
States as international persons — In general — Sovereignty and — independence-Conclusiveness of statements of the Executive — Extraterritorial application of United States anti-trust legislation — Attempt to extend United States grand jury's investigations extraterritorially — Letters rogatory — Whether an infringement of sovereignty — Relevance of policy of the Government — The law of England
Jurisdiction — In general — Territorial — Jurisdiction over foreigners — Extraterritorial jurisdiction of foreigners in respect of acts done abroad — Attempt to extend United States grand jury's investigations extraterritorially — Letters rogatory — Whether to be implemented — Whether an infringement of sovereignty — The law of England
Treaties — Conclusion and operation of — Operation and enforcement — Necessity for municipal legislation — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 1970 — Relation to Evidence (Proceedings in other Jurisdictions) Act 1975 — Discretion under Convention to object to pre-trial discovery — Whether implemented in municipal legislation — Relevance to exercise of discretion — The law of England
Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Extraterritorial application of United States anti-trust legislation — Letters rogatory — Whether to be implemented — Evidence (Proceedings in Other Jurisdictions) Act 1975 — Relation to international convention — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 1970 — General intention of — Article 23 — Discretion to object to pre-trial discovery — Whether implemented in municipal law — Relevance to exercise of discretion — Intervention of United States Department of Justice — Attempt to extend United States grand jury's investigations extraterritorially — Whether changing character of letters rogatory — Whether an infringement of sovereignty — Relevance of policy of the Government — Grounds for not implementing letters of request — Article 12(b) of the Convention — The law of England
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- © Cambridge University Press 1987