Suchergebnisse

58Jurisdiction — In general — Territorial — Objective territorial jurisdiction — Theft of motor vehicle in Canada — Prosecution in Massachusetts — The law of the United States

In sum, despite the efforts of the General Assembly, Virginia law remains stuck between the "rock" of antiquated theft crimes and the "hard place" of due process. Tinkering with procedural rules merely masks the real problem. My aim in this article is to suggest a different approach. It is time to address the substantive definition of theft crimes in Virginia: to consolidate the crimes of larceny, embezzlement, and false pretenses-as most other American jurisdictions have done into a single offense. By dealing with substance rather than procedure, we can eliminate historical distinctions which serve only to confound prosecutors and complicate criminal litigation. And we can do so without sacrificing the rights of defendants.

478Relationship of international law and municipal law — Act of State doctrine — Alleged violations of international law and Australian law by Australian officials — Allegation that Australian officials aided and abetted torture and ill-treatment by officials of foreign States — Whether justiciable in Australian courtsHuman rights — Torture — Prohibition of torture a jus cogens rule — Whether status of rule affecting justiciability of alleged breach — Detention of applicant at Guantánamo Bay — Allegations of torture — The law of Australia

591State immunity — Jurisdictional immunity — Employment — Employment at foreign embassy — Termination of employment — Action for unfair dismissal — Waiver of immunity — Scope — Applicant seeking leave to amend application in order to add new complaint — Whether defendant State entitled to resist amendment on ground it would not have waived immunity in respect of new complaint — The law of England

447State immunity — Jurisdictional immunity — Onus of establishing applicability of exception to State immunity — Action for damages against foreign State and its instrumentality — Whether caveat lodged as part of divorce proceedings preventing repatriation of funds constitutes unlawful taking without compensation and contrary to international law — The law of the United States

Diplomatic and consular intercourse and privileges — Consuls — Position and functions of consuls — Whether consul an agent of the country he represents for the purpose of receiving service of process — The law of the United States

States as International persons — Sovereignty and independence — In foreign relations — Request for extradition — Whether executive empowered in the absence of statutory authority — Whether power limited to making requests to foreign States with which there are extradition treaties — Statutory restrictions on the power of the executive — Effect — The law of Australia

Mandates — Nationality in Mandated Territories — Mandate for New Guinea.Belligerent Occupation — Effect on Nationality — Australian Occupation of New Guinea.327Nationality — Effect of Belligerent Occupation — Effect of Class "C" Mandate — Person Born in German New Guinea.