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Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. The Kashef case currently before the federal courts in New York shows that human rights litigation against corporate defendants in the United States is alive and well.
Effectively, this is a context specific harmonised approach to developing substantive contractlaw rules to regulate the effectiveness of choice of court agreements. In practical terms, the application of the choice of law rule in Article 25(1) would have led to a similar outcome.
Penasthika rightly observes that this signifies confusion between jurisdiction and choice of law, because what the Indonesian courts should apply is substantive and not procedurallaw. Procedurallaw matters are reserved for the forum, and some Indonesian judges only appear to see the procedural aspects of choice of law.
Main Areas of Law The case primarily addresses contractlaw, focusing on whether the students’ claims meet the criteria for breach of contract and unjust enrichment. It also touches on procedurallaw, particularly the standards for amending a complaint after a motion to dismiss.
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