posted on Oct, 19 2004 @ 10:15 AM
Allow me to go 'ATS Geezer' for a sec: Back in the day, topics were open for discussion based on the issue brought to fore. Sources, or lack there
of, were proven substantive or scurrilous. While the medium was & is electronic, real world knowledge garnered via books & library time, the printed
word in general, as well a correspondence from that authors own circle of familiarity, was never discounted wholesale because it lacked a web
footprint to back track on.
Fast forward to present day, and we have what's unfolded in this thread.
Jamuhn & Grady laid to rest the 'Shwarz existence' spin diversion, thank you.
As to the letter, almost all of the material has been cover on ATS, so to feign ignorance to the questions being raised here, or to pretend that it's
simply a "Liberal Talking Points' memo, is disingenuous in the least & willfully misleading at the most. Like it or not, TEAM REPUBLICAN, there are
people who deserve the Conservative Republican label by staying true to their values AND are diametrically opposed to ALL THINGS BUSH.
Here are references to the cases, based on their unique interpretation of the law, that were cited by Mr Shwarz and show up in the American
Journal of Comparative law:
In Bridas Corp. v. Unocal Corp., [FN152] which was decided under the Restatement Second followed in Texas, the interferences occurred in
Turkmenistan and Afghanistan. The plaintiff, a Texas corporation, had obtained oil and gas exploration contracts with the governments of those two
countries and claimed that the defendant, another Texas-based corporation, caused those governments to breach those contracts. The plaintiff argued
that, because the defendant's foreign acts were conceived in and directed from its Texas headquarters, Texas had an interest in applying its law to
ensure compliance with its standards of conduct. The court, focusing more on contacts than on interests, rejected the argument because "both the
quantity and quality of the contacts identified in [Restatement Second] � 145 mandates the application of foreign law to all tort claims asserted by
[plaintiff] because the parties and the subject matter of this litigation have a more significant relationship to the nations of Turkmenistan and
Afghanistan than to Texas." [FN153] The plaintiff also argued that because of the difficulty in ascertaining and predicting Turkmen and Afghan law,
the law of Texas should apply by default as the lex fori. The court rejected this argument as well, after a lengthy and enlightening discussion of the
testimony of nine foreign-law experts (six for defendant and three for plaintiff) and concluded that Turkmen and Afghan law were "readily and
reliably ascertainable." [FN154]
EA Oil Service, Inc. v. Mobil Exploration & Producing Turkmenistan, Inc., [FN155] decided by the same panel as Bridas a few days later, involved very
similar facts and issues and was decided the same way. The court noted Texas's interest in protecting the Texas plaintiff but also spoke of
"Turkmenistan's interest in controlling its oil wealth" [FN156] and took notice of a letter submitted by the Turkmen government in which it
expressed its belief that disputes relating to contracts with that government should be litigated in Turkmenistan. [FN157] The court concluded that,
especially because the conduct and injury occurred in Turkmenistan, that country had the most significant relationship and its law should govern, thus
barring plaintiff's action.