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Article: International tribunals and forum non conveniens analysis.
- Article from:
- The Yale Law Journal
- Article date:
- November 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Nemariam v. Federal Democratic Republic of Ethiopia, 315 F.3d 390 (D.C. Cir.), cert. denied, 124 S. Ct. 278 (2003).
Many international civil disputes are resolved via state-driven litigation before multinational tribunals. Indeed, under traditional principles of international law, individuals may not appear before such tribunals at all. Instead, states must advance claims on behalf of their nationals, a procedure known as diplomatic espousal. (1)
As the D.C. Circuit's decision in Nemariam v. Federal Democratic Republic of Ethiopia (2) demonstrates, U.S. courts rarely consider such international tribunals adequate to vindicate individual claimants' ...