DOCSLIB.ORG

Evidence and Burden of Proof in Foreign Sovereign Immunity Litigation Books by Peter Fritz Walter

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Evidence and Burden of Proof in Foreign Sovereign Immunity Litigation Books by Peter Fritz Walter EVIDENCE AND BURDEN OF PROOF IN FOREIGN SOVEREIGN IMMUNITY LITIGATION BOOKS BY PETER FRITZ WALTER CREATIVE-C LEARNING: THE INNOVATIVE KINDERGARTEN TAO TE CHING (ENGLISH AND GERMAN TRANSLATIONS) DAS DAO DER STAATSFÜHRUNG UND STRATEGIE (GERMAN) ÉCRITS POÉTIQUES (FRENCH) ESSAYS ON LAW, POLICY, AND PSYCHIATRY (14 VOLUMES) EVIDENCE AND BURDEN OF PROOF IN SOVEREIGN IMMUNITY LITIGATION: A PROCEDURAL GUIDE FOR INTERNATIONAL LAWYERS AND GOVERNMENT COUNSEL (DOCTORAL THESIS) GREAT MINDS SERIES (11 VOLUMES) INTEGRATE YOUR EMOTIONS: A GUIDE TO EMOTIONAL WHOLENESS LITIGATION PRACTICE AND BURDEN OF PROOF UNDER THE FOREIGN SOVEREIGN IMMUNITIES ACT, 1976: A PROCEDURAL GUIDE FOR INTERNATIONAL LAWYERS IN THE UNITED STATES AND CANADA POETIC WRITINGS 1990-2010 (STORIES, PAMPHLETS, POEMS, ESSAYS) POETISCHE SCHRIFTEN (GERMAN) SCHOLARLY ARTICLES (21 VOLUMES) SHAMANIC WISDOM MEETS THE WESTERN MIND THE 12 ANGULAR POINTS OF SOCIAL JUSTICE AND PEACE THE BETTER LIFE: TRANSFORMING YOURSELF FROM INSIDE OUT THE ENERGY NATURE OF HUMAN EMOTIONS AND SEXUAL ATTRACTION: A SYSTEMIC ANALYSIS OF EMOTIONAL IDENTITY IN THE PROCESS OF THE HUMAN SEXUAL RESPONSE THE LEADERSHIP I CHING: YOUR DAILY COMPANION FOR PRACTICAL GUIDANCE THE NEW PARADIGM SERIES (BOOK REVIEWS, 3 VOLUMES) THE VIBRANT NATURE OF LIFE: A SCIENCE-BASED PATHWAY FOR A BETTER, RICHER, AND MORE ABUNDANT LIFE WALTER’S CAREER AND LEADERSHIP SERIES (3 VOLUMES) EVIDENCE AND BURDEN OF PROOF IN FOREIGN SOVEREIGN IMMUNITY LITIGATION A Procedural Guide for International Lawyers and Government Counsel Doctoral Thesis Dr. Peter Fritz Walter Published by Sirius-C Media Galaxy LLC 3511 Silverside Road, Suite 105, Wilmington 19380, Delaware, USA ©2017 Peter Fritz Walter. Some rights reserved. Creative Commons Attribution 4.0 International License This publication may be distributed, used for an adaptation or for derivative works, also for commercial purposes, as long as the rights of the author are attributed. The attribution must be given to the best of the user’s ability with the information available. Third party licenses or copyright of quoted resources are untouched by this license and remain under their own license. The moral right of the author has been asserted Set in Palatino Designed by Peter Fritz Walter Humanities Commons Edition, 2017 Publishing Categories 1. Law: International / 2. Law: Civil Procedure 3. Law: Business and Financial Publisher Contact Information [email protected] http://sirius-c-publishing.com Author Contact Information [email protected] About Dr. Peter Fritz Walter http://peterfritzwalter.com Abstract ‘Evidence and Burden of Proof in Foreign Sovereign Immunity Litigation: A Procedural Guide for International Lawyers and Government Counsel,’ doctoral thesis by Dr. Peter Fritz Walter, is the first specialized and practically useful analysis of the evidence problems and the burden of proof in matters of foreign sovereign immunity litigation, both regarding jurisdictional immunities and immunity from execution. The monograph is a comparative law analysis that spans six of the seven existing national statutes on foreign sovereign immunity, starting with the United States’ Foreign Sovereign Immunities Act, 1976, to the Canadian State Immunity Act, 1982. The study concludes in demonstrating two distinct rules of the burden of proof, for each kind of immunity; the rules are widely uniform, and were corroborated by case law and scholarly opinion in all of the examined jurisdictions. They can be said to form today rules of international law. The monograph is of high practical value for litigation lawyers and government counsel struggling with evidence problems regarding foreign sovereign immunity. It can be taken as a reference guide for solving the evidence problems in those trials, and as such is a precious asset in any international law library. The only titles that in scope, depth and size can be compared with the present study are already quite out of date, and they have, if ever, only randomly dealt with the specific procedural problems of evidence and the burden of proof in international sovereign immunity litigation. To the late Professor Louis B. Sohn The author’s profits from this book are being donated to charity. CONTENTS Restrictive Immunity and Burden of Proof! 13 A Complex Matter! 25 Evidence and Burden of Proof! 49 Introduction! 49 Jurisdiction and Competence! 53 Statute and Law! 56 Fact in Issue! 57 Burden of Proof! 61 The Evidential Burden! 75 Introduction Notion and Function Standard of Proof Incidence The Persuasive Burden! 85 Standard of Proof Notion and Function Incidence Summary! 99 The Evidential Burden The Persuasive Burden The Foreign Sovereign Immunities Act of 1976 (USA)! 115 Introduction! 115 Importance of the Act! 120 Construction of the Act! 124 The House Report! 127 The Burden of Proof Corrective Case Law Evaluation Procedural Questions! 134 EVIDENCE AND BURDEN OF PROOF IN FOREIGN SOVEREIGN IMMUNITY LITIGATION Subject Matter Jurisdiction Personal Jurisdiction Minimal Contacts Service of Process Default Judgment Definitions The Legal Status of Romanian Bank The Legal Status of MASIN Credibility of the Affidavit Formal Requirements Regarding the Affidavit Conclusion Jurisdictional Immunity! 175 Rule-and-Exception Construction The House Report Evidence Rule Ad (1) Ad (2) Ad (3) The Immunity Exceptions! 194 Immunity Waver General Considerations and Burden of Proof Arbitration Clauses International Treaties Conclusion Commercial Activity Clause 1 Clause 2 Clause 3 Expropriation in Violation of International Law Expropriation in Violation of International Law The Minimal Contacts Requirements Conclusion Immovable Property Noncommercial Tort Minimal Contacts or Nexus Causality Scope of Employment Exception Conclusion Core Areas of Sovereign Immunity! 275 8 CONTENTS Overview Foreign Affairs Interior Affairs Police Actions Actions for the Protection of Natural Resources The Price Fixing Procedure Standards of International Law The Court of Appeals Judgment Budgetary Activity National Defense Conclusion Foreign Affairs Internal Affairs Budgetary Activity National Defense Immunity from Execution! 344 Types of Execution Measures The Allocation of the Burden of Proof The Exceptions! 351 The Waiver Exception Usibus Destinata Relationship between §1609 and §1610 Relationship between §1610 and §1611 Conclusion Conclusion! 385 Immunity from Jurisdiction Immunity from Execution The State Immunity Act 1978 (United Kingdom)! 389 Introduction! 389 Construction of the Act! 398 Immunity from Jurisdiction! 400 General Considerations The Rule and Exception Principle The Restrictive Immunity Doctrine Examination of the Precedents Examination of the Restrictive Immunity Doctrine A New Restrictive Immunity Rule It is a New Independent Rule 9 EVIDENCE AND BURDEN OF PROOF IN FOREIGN SOVEREIGN IMMUNITY LITIGATION I Congreso Del Partido Separate Entities of a Foreign State Conclusion Immunity from Execution! 452 Conclusion! 462 Immunity from Jurisdiction Immunity from Execution The State Immunity Act, 1979 (Singapore)! 467 Introduction! 467 Application of British Case Law! 468 The Burden of Proof! 469 Immunity from Jurisdiction The Burden of Proof for Immunity from Execution The State Immunity Ordinance, 1981 (Pakistan)! 477 Introduction! 477 The Point of Departure Foreign Sovereign Immunity in India India’s Internal Legislation The Relationship between Internal Law and International Law Conclusion Foreign Sovereign Immunity in Pakistan Introduction Historical Development of Foreign Sovereign Immunity The Relation between Municipal Law and International Law The State Immunity Ordinance, 1981 The Foreign States Immunities Act 87, 1981 (South Africa)! 521 Introduction! 521 Immunity from Jurisdiction! 524 Generalities The Precedent I Congreso del Partido Separate Entities Immunity from Execution! 529 Conclusion! 534 The State Immunity Act, 1982 (Canada)! 537 Introduction! 537 10 CONTENTS Construction of the Act! 553 Immunity from Jurisdiction! 556 Immunity from Execution! 566 Conclusion! 569 Conclusion / Theses! 573 The Burden of Proof for Immunity from Jurisdiction The Burden of Proof for Immunity from Execution The Means of Proof Summary Theses! 581 The Unasked Question! 587 Abbreviations! 595 Precedents! 599 Bibliography! 611 Statutes! 635 FSIA 1976 (USA)! 635 STIA 1978 (UK)! 648 Annex 1! 663 Conclusion Générale L’immunité de juridiction L’immunité d’exécution Thèses Annex 2! 675 Stichworte Einleitung! 675 I. Beweislastverteilung nach staatlichen Immunitätsregeln! 681 1. USA: Foreign Sovereign Immunities Act (FSIA), 1976 2. Grossbritannien: Der State Immunity Act von 1978 und die alte Rechtslage (insbesondere die Entscheidung ‘I Congreso del Partido’ des House of Lords vom 16.7.1981 II. Beweislastverteilung nach Völkerrecht! 687 1. Rechtsprechung des Bundesverfassungsgerichts 11 EVIDENCE AND BURDEN OF PROOF IN FOREIGN SOVEREIGN IMMUNITY LITIGATION 2. Europäische Immunitätskonvention von 1972 3. Draft Convention der International Law Association 4. Bemühungen der International Law Commission Schlussbetrachtung! 703 Personal Notes! 705 12 RESTRICTIVE IMMUNITY AND BURDEN OF PROOF Preface Two hundred years ago, governments rarely entered the international marketplace for purchasing goods; they manufactured all the goods and materials needed for their governmental purposes. However, this situation changed during the 19th century, with the emergence of world trade. Accordingly, international law has widely changed from about that time. Contrary to the opinion of many skeptical
Load more

Recommended publications
  • October – November
    HOOD SAILMAKERS . TR1J IN At Hood we believe it's our job to provide you with the best sails to accomplish your performance goals. Our computer generated moulded sails give you lasting performance through our proven designs and durability. Results are easy to come by when you use Hood Sails. TAKE A TIP FROM THOSE WHO KNOW. "Th e co 111bi11 ario11 of lasting pe1for111a 11 ce and reliability gives us co11ti11ui11g rnccess." Mal'tin James - Team Jaguar/ lnfini ty III "Our Hood sails have given us the edge 0 11 ou r comperi tors. " Hans Somme 1· - Somm e1· Breeze "Reliability and pe1fo r111a11 ce is the kev to success. " Ra y Stone - Razo1·'s Edge "Th ey are fast a11d they last." Geoff Ross - Yendys " You ca11 't bear race wi1111i11g speed." Richal'd P e1·ini - Corinthian Doors. C•l•JD The Trusted Name in Sailmaking SAILMAKERS From the Commodore's Desk n Saturday, August 2, Aus­ high price events like the America's his experiences from the time he left the tralia's second biggest ocean Cup and the two or three maxi boats Merchant Navy in pursuit of just one racing event, after the Telstra that are first out of Sydney Heads on thing, winning the single-handed BOC Sydney to Hobart, started and finished Boxing Day. Round the World Race. with little more than a whimper in the There may be a case for elitism with Those of us who know Adams were press. the America's Cup. However, there is not surprised he achieved this goal This race was, of course, the Cruis­ little understanding that whilst these through his own resourcefulness and ing Yacht Club of Australia's XXXX big boats might be the domain of indi- tenacity and the relentless support and Sydney to Southport Race and, like viduals able to afford them, the crews commitment of his wife Caroline.
    [Show full text]
  • Washington, Bowdoin, and Franklin
    WASH ING T 0 N, BOWDQIN, AND FRANKLIN, AS PORTRAYED IS 0CCASI0NAL AD L) RESSES. WashnQ ton JVitz.o nal Jtioimm ent Proposed heLght in clotted lines, 48.5 fi Completed, shown by dnrk lznes, 174 fi Stone Terrace, 25f* hzgh dLarneter 2OOfS WAS HIN G T 0 N, BOWDOIN, AND FRANKLIN, AS PORTRAYED IN OCCASIONAL ADDRESSES: BY vxi ROBERT C. WINTHROP. I WITH A FEW BRIE-F PIECES ON KINDRED TOPICS, ASD WITH NOTES AKD ILLUSTRATIONS. LITTLE, BROWN, AND COMPANY. 1876. 7 /' Entered according to Act of Congress, in the pear 1876, by LITTLE, BROW6, AND CONIPANY, In the Office of the Librarian of Congress, at Vashington. Cambridge : Press oj 70hWilson and Soti. PREFATORY NOTE. I ‘&VE so often, of late, been called on for copies of some of these productions, -no longer to be found in a separate or convenient form,-that I have ventured to think that they might prove an acceptable contribution to our Centennial Literature. They deal with two, certainly, of the greatest figures of the period we are engaged in commemorating; and BOWDOIN,I am persuaded, will be’ considered no un­ worthy associate of WASHINGTONand FRANKLINin such a publication. The Monument to Washington, to which the first pro­ duction relates, is still unfinished. It may be interesting to recall the fact that the Oration, on the laying of its corner-stone, was to have been delivered by JOHNQUINCY ADAMS. He died a few months before the occasion, and it was as Speaker of the House of Representatives of the United States, of which he had long been the most illus­ trious member, that I was called on to supply his place.
    [Show full text]
  • State Immunity Act 1978
    Status: Point in time view as at 01/02/1991. Changes to legislation: There are currently no known outstanding effects for the State Immunity Act 1978. (See end of Document for details) State Immunity Act 1978 1978 CHAPTER 33 An Act to make new provision with respect to proceedings in the United Kingdom by or against other States; to provide for the effect of judgments given against the United Kingdom in the courts of States parties to the European Convention on State Immunity; to make new provision with respect to the immunities and privileges of heads of State; and for connected purposes. [20th July 1978] Modifications etc. (not altering text) C1 Act extended (with modifications) by S.I. 1979/458, art. 2, Schs. 1, 2 PART I PROCEEDINGS IN UNITED KINGDOM BY OR AGAINST OTHER STATES Modifications etc. (not altering text) C2 Pt. I (ss. 1-17) applied (7.12.1993) by S.I. 1993/2809, art.2. Immunity from jurisdiction 1 General immunity from jurisdiction. (1) A State is immune from the jurisdiction of the courts of the United Kingdom except as provided in the following provisions of this Part of this Act. (2) A court shall give effect to the immunity conferred by this section even though the State does not appear in the proceedings in question. 2 State Immunity Act 1978 (c. 33) Part I – Proceedings in United Kingdom by or against other States Document Generated: 2021-06-17 Status: Point in time view as at 01/02/1991. Changes to legislation: There are currently no known outstanding effects for the State Immunity Act 1978.
    [Show full text]
  • October – November
    Once only afforded by an elite fra­ ternity, this service is a compli­ mentary part of every service at BMW Sydney. With a little prior warning, Shane can be standing by, door ajar, ready to deliver you to your chosen. destination in Sydney. For I us, it's fundamental to the BMW Sydney experience. For no other I reason than the fact that we've always believed the upwardly mobile shouldn't have to sacrifice mobility, I / just to have their car serviced. From the way we service your needs to the way we service your car, it's what makes BMW Sydney a world of BMW. BMW Sydney Cnr New South Head Road & Mclachlan Ave, Rushcutters Bay. Phone: 9334 4555. www.bmwsydney.com.au BMW Sydney Sales Finance Service Parts THli CRUISING YACHT CLUB OP AUSTRALIA Offshore racing New Beach Road, Darling Point NSW 2027 Phone: (02) 9363 9731 Fax: (02) 9363 9745 WINDLESS WHITSUNDAYS 4 e-mail: [email protected] Offshore reports on Hamilton Island Race FLAG OFFICERS & DIRECTORS Week 2000, and looks at the new COMMODORE: HANS SOMMER Shockwave VICE-COMMODORE: MARTIN JAMES REAR COMMODORES: ROGER HICKMAN, JOHN MESSENGER KIWIS BEAT 'BEACH TREASURER: ALAN GREEN DIRECTORS: MICHAEL CRANITCH, GEOFF CROPLEY, BALL'S" BOUNCE 14 GEOFF LAVIS, GARY LINACRE, ROD SKELLET, DON TELFORD The New Zealand team of new-style Farr racers edged out the Australians in CHAIRMAN, CWB COMMrnEES Hawaii's Kenwood Cup series. Peter SAILING COMMITTEE: REAR COMMODORE ROGER HICKMAN Campbell prepared the report, Chris MARINA & SITE COMMmEE: Thompson spoke to the sailors. REAR COMMODORE JOHN MESSENGER MEMBER SERVICES & SOCIAL COMMITTEE: GOLD COAST RACE DIRECTOR GEOFF CROPLEY TRAINING & DEVELOPMENT COMMITTEE: • BIG BOATS DOMINATE 20 DIRECTOR DON TELFORD The little boats got left beh ind in thi s AUDIT & PLANNING COMMITTEE: year's slow race to Southport .
    [Show full text]
  • Boats Built at Toledo, Ohio Including Monroe, Michigan
    Boats Built at Toledo, Ohio Including Monroe, Michigan A Comprehensive Listing of the Vessels Built from Schooners to Steamers from 1810 to the Present Written and Compiled by: Matthew J. Weisman and Paula Shorf National Museum of the Great Lakes 1701 Front Street, Toledo, Ohio 43605 Welcome, The Great Lakes are not only the most important natural resource in the world, they represent thousands of years of history. The lakes have dramatically impacted the social, economic and political history of the North American continent. The National Museum of the Great Lakes tells the incredible story of our Great Lakes through over 300 genuine artifacts, a number of powerful audiovisual displays and 40 hands-on interactive exhibits including the Col. James M. Schoonmaker Museum Ship. The tales told here span hundreds of years, from the fur traders in the 1600s to the Underground Railroad operators in the 1800s, the rum runners in the 1900s, to the sailors on the thousand-footers sailing today. The theme of the Great Lakes as a Powerful Force runs through all of these stories and will create a lifelong interest in all who visit from 5 – 95 years old. Toledo and the surrounding area are full of early American History and great places to visit. The Battle of Fallen Timbers, the War of 1812, Fort Meigs and the early shipbuilding cities of Perrysburg and Maumee promise to please those who have an interest in local history. A visit to the world-class Toledo Art Museum, the fine dining along the river, with brew pubs and the world famous Tony Packo’s restaurant, will make for a great visit.
    [Show full text]
  • Heart of Ice from the Green Fairy Book by Andrew Lang, Ed. Once
    Heart of Ice 'Oh! prate away,' said she, 'your son will never be from The Green Fairy Book anything to boast of. Say what you will, he will be by Andrew Lang, Ed. nothing but a Mannikin--' No doubt she would have gone on longer in this Once upon a time there lived a King and Queen who strain, and given the unhappy little Prince half-a- were foolish beyond all telling, but nevertheless they dozen undesirable gifts, if it had not been for the were vastly fond of one another. It is true that certain good Fairy Genesta, who held the kingdom under her spiteful people were heard to say that this was only special protection, and who luckily hurried in just in one proof the more of their exceeding foolishness, time to prevent further mischief. When she had by but of course you will understand that these were not compliments and entreaties pacified the unknown their own courtiers, since, after all, they were a King Fairy, and persuaded her to say no more, she gave the and Queen, and up to this time all things had King a hint that now was the time to distribute the prospered with them. For in those days the one thing presents, after which ceremony they all took their to be thought of in governing a kingdom was to keep departure, excepting the Fairy Genesta, who then well with all the Fairies and Enchanters, and on no went to see the Queen, and said to her: account to stint them of the cakes, the ells of ribbon, and similar trifles which were their due, and, above 'A nice mass you seem to have made of this business, all things, when there was a christening, to remember madam.
    [Show full text]
  • Constellation Wins America's Cup Races: Captain Is TRB&S Client Anonymous
    University of Mississippi eGrove Touche Ross Publications Deloitte Collection 1965 Constellation wins America's Cup races: Captain is TRB&S client Anonymous Follow this and additional works at: https://egrove.olemiss.edu/dl_tr Part of the Accounting Commons, and the Taxation Commons Recommended Citation Quarterly, Vol. 11, no. 3 (1965, September), p. 31-33 This Article is brought to you for free and open access by the Deloitte Collection at eGrove. It has been accepted for inclusion in Touche Ross Publications by an authorized administrator of eGrove. For more information, please contact [email protected]. Captain is TRB&S CLIENT w& fmebim& twe^ '*,;/•#&•• %»&# The America's Cup, 114 year old trophy won by the yacht America in 1851, has remained in the headquarters of the New York Yacht Club since that time. Last American vic­ tor over the British challengers is Eric Kidder with his 12-Meter yacht, "Constellation". Eric Ridder, of Locust Valley, Long Island, New York, enthroned in the New York Yacht Club through Ameri­ has two widely different titles. In the newspaper, T.V. and can victories over nineteen challengers for its possession. radio world, he is referred to as publisher Eric Ridder. In Americans across the country became aware of the the sea going and yacht loving and sports world he is significance and romance of yachting when Sir Thomas known as Skipper Eric Ridder, captain of the 12-meter Lipton, founder of Lipton, Inc.,* the most successful Eng­ yacht Constellation which, in September of 1964, in the lish yachtsman of his day, tried to return the trophy to 19th of the world-famed America's Gup Races off New­ England.
    [Show full text]
  • Herreshoff Collection Guide [PDF]
    Guide to The Haffenreffer-Herreshoff Collection The Design Records of The Herreshoff Manufacturing Company Bristol, Rhode Island The Francis Russell Hart Nautical Collection Kurt Hasselbalch Frances Overcash & Angela Reddin The Francis Russell Hart Nautical Collections MIT Museum Cambridge, Massachusetts © 1997 Massachusetts Institute of Technology All rights reserved. Published by The MIT Museum 265 Massachusetts Avenue Cambridge, Massachusetts 02139 TABLE OF CONTENTS Acknowledgments 3 Introduction 5 Historical Sketch 6 Scope and Content 8 Series Listing 10 Series Description I: Catalog Cards 11 Series Description II: Casting Cards (pattern use records) 12 Series Description III: HMCo Construction Record 13 Series Description IV: Offset Booklets 14 Series Description V: Drawings 26 Series Description VI: Technical and Business Records 38 Series Description VII: Half-Hull Models 55 Series Description VIII: Historic Microfilm 56 Description of Database 58 2 Acknowledgments The Haffenreffer-Herreshoff Project and this guide were made possible by generous private donations. Major funding for the Haffenreffer-Herreshoff Project was received from the Haffenreffer Family Fund, Mr. and Mrs. J. Philip Lee, Joel White (MIT class of 1954) and John Lednicky (MIT class of 1944). We are most grateful for their support. This guide is dedicated to the project donors, and to their belief in making material culture more accessible. We also acknowledge the advice and encouragement given by Maynard Bray, the donors and many other friends and colleagues. Ellen Stone, Manager of the Ships Plans Collection at Mystic Seaport Museum provided valuable cataloging advice. Ben Fuller also provided helpful consultation in organizing database structure. Lastly, I would like to acknowledge the excellent work accomplished by the three individuals who cataloged and processed the entire Haffenreffer-Herrehsoff Collection.
    [Show full text]
  • SEAFARING WOMEN: an Investigation of Material Culture for Potential Archaeological Diagnostics of Women on Nineteenth-Century Sailing Ships
    SEAFARING WOMEN: An Investigation of Material Culture for Potential Archaeological Diagnostics of Women on Nineteenth-Century Sailing Ships by R. Laurel Seaborn April, 2014 Director of Thesis/Dissertation: Dr. Lynn Harris Major Department: Department of History, Program in Maritime Studies ABSTRACT During the 19th century, women went to sea on sailing ships. Wives and family accompanied captains on their voyages from New England. They wrote journals and letters that detailed their life on board, adventures in foreign ports, and feelings of separation from family left behind. Although the women kept separate from the sailors as class and social status dictated, they contributed as nannies, nurses and navigators when required. Examination of the historical documents, ship cabin plans, and photos of those interiors, as well as looking at surviving ships, such as the whaleship Charles W. Morgan, provided evidence of the objects women brought and used on board. The investigation from a gendered perspective of the extant material culture, and shipwreck site reports laid the groundwork for finding potential archaeological diagnostics of women living on board. SEAFARING WOMEN: An Investigation of Material Culture for Potential Archaeological Diagnostics of Women on Nineteenth-Century Sailing Ships A Thesis/Dissertation Presented To the Faculty of the Department of Department Name Here East Carolina University In Partial Fulfillment of the Requirements for the Degree Master of Arts by R. Laurel Seaborn April, 2014 © R. Laurel Seaborn, 2014 SEAFARING WOMEN: An Investigation of Material Culture for Potential Archaeological Diagnostics of Women on Nineteenth-Century Sailing Ships by R. Laurel Seaborn APPROVED BY: DIRECTOR OF THESIS:_________________________________________________________ Dr.
    [Show full text]
  • The Boeing Company
    UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2018 or ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 1-442 THE BOEING COMPANY (Exact name of registrant as specified in its charter) Delaware 91-0425694 State or other jurisdiction of (I.R.S. Employer Identification No.) incorporation or organization 100 N. Riverside Plaza, Chicago, IL 60606-1596 (Address of principal executive offices) (Zip Code) Registrant’s telephone number, including area code (312) 544-2000 Securities registered pursuant to Section 12(b) of the Act: Common Stock, $5 par value New York Stock Exchange (Title of each class) (Name of each exchange on which registered) Securities registered pursuant to Section 12(g) of the Act: None Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes x No ¨ Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes ¨ No x Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
    [Show full text]
  • AMERICAN YACHT CLUB February – March 2016
    AMERICAN YACHT CLUB February – March 2016 40° 56.448N – 73° 41.938W From the Commodore After a very difficult trip back from Key West Race ★ ★ ★ ★ ★ ★ Week via Boston to Rye on Sunday afternoon, the ★ ★ ★ ★ ★ ★ ★ stark reality of going from warm air and palm trees to two feet of snow painfully set in. However upon my return we went down to the FLAG OFFICERS Club to survey how it survived the storm, (which it did very well) and not only saw the smiling faces of COMMODORE frost-biters hanging in the JAYC house (their Jan- Peter Duncan uary headquarters) after a perfect day of sailing, VICE COMMODORE but a stunning winter sunset over Milton harbor. If Andy Giglia you have never experienced this, you really should. Though closed since New Year’s Day, the Club has REAR COMMODORE remained a very busy place with a number of proj- Scott Florio ects going on. SECRETARY Our dredge and rack removal project is now essentially done, the benefits of David Schwartz-Leeper which we will enjoy for years to come. Thanks again to Vice Commodore Gi- TREASURER glia for all his hard work. Jono Peters The planned website improvements, which include significant upgrades to our overall accounting platform, is well underway, and it is our hope and goal to be FLEET CAPTAIN in a position to roll it out in the early spring. Robert Alexander This upgrade will improve our communications with the membership signifi- cantly and in addition, we have brought on a full time Communications Direc- tor, Donovan McSorley. TRUSTEES Planning is being completed on both the tennis house replacement and bath James X.
    [Show full text]
  • Guide to Enforcement of Foreign Arbitral Awards
    Guide to Enforcement of Foreign Arbitral Awards and Court Judgments in England & Wales Second Edition Charlie Lightfoot James Woolrich Practice Series © Copyright 2018. Jenner & Block London LLP is a limited liability partnership established under the laws of the state of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Jenner & Block London LLP is affiliated with Jenner & Block LLP, which operates Jenner & Block’s offices in the United States. Author Information Charlie Lightfoot Partner London +44 (0)330 060 5436 [email protected] James Woolrich Partner London +44 (0)330 060 5430 [email protected] Contributing Authors Tobi Olasunkanmi Associate London +44 (0)330 060 5443 [email protected] Jessica Veitch Associate London +44 (0)330 060 5422 [email protected] Thomas Wingfield Associate London +44 (0)330 060 5451 [email protected] TABLE OF CONTENTS Page I. INTRODUCTION 1 § 1 Scope Note 1 II. ENFORCEMENT OF FOREIGN ARBITRAL AWARDS 2 § 2 Overview 2 A. THE NEW YORK CONVENTION 3 § 3 Introduction 3 § 4 Enforcement under s. 101 4 § 5 Challenges to Enforcement 4 § 6 Natural Justice/Due Process and Public Policy Defences 6 § 7 Enforcement of Awards Set Aside or Not Yet Binding 10 B. OTHER ROUTES TO ENFORCEMENT 12 § 8 Enforcement of a Foreign Award as an English Court Judgment 12 § 9 Enforcement of Commonwealth Awards 13 § 10 Enforcement under the Common Law 14 § 11 Enforcement of Domestic (English-seated) Awards 15 § 12 The Impact of ‘Brexit’ on UK Arbitration 16 C. ENFORCEMENT OF INVESTMENT ARBITRATION AWARDS 18 § 13 Enforcement of ICSID Awards 18 § 14 Revision and Annulment under the ICSID Convention 20 § 15 Enforcement outside ICSID 22 § 16 Enforcement of Intra-EU BIT Awards following Achmea 22 § 17 Sovereign Immunity 26 D.
    [Show full text]