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Court Watch


manana, was also removed on similar grounds. The court removed eight candidates from the election in total. Aside from this initial upset, the election was closely monitored and implement- ed without issue. Nearly 400 outside observers were assigned to the election, primarily from the Southern African Development Community (SADC) and the European Union Election Obser- vation Mission (EU-EOM).


President Rajaonarimampianina is a Canadian- educated economist, with experience running Madagascar’s economy. Rajaonarimampianina formerly served as the Finance Minister under the Rajoelina presidency. Rajoelina was appoint- ed to serve as president after playing a key role in a coup overthrowing Ravalomanana in 2009. Rajoelina, along with the ousted Ravalomanana, was barred from participating in the election.


Rajoelina’s presidency was marked by a lack of international acceptance and an economic cri- sis. The violent coup of Ravalomanana (currently sentenced to death in absentia in relation to the killing of 30 protestors by his presidential guard in 2010) left distaste for the political process in Madagascar, both for the Malagasy people and outside investors. For the past five years, Mada- gascar has suffered diplomatic and economic iso- lation that has stagnated the economy and left it without foreign capital.


President Rajaonarimampianina has pledged to make major changes within his first 100 days in office. Safety, electrical infrastructure, agricultural productivity, middle class expansion, and public- private partnerships are to be his key areas of fo- cus. More specifically, he plans to implement a reallocation of law enforcement resources, a push for renewable energy resources, a reorganization of internal agriculture markets, a subsidization of credit, the creation of a national micro-finance company, and the renovation of harbor infrastruc- ture and tax incentives for coastal trade.


Change for Madagascar will be neither easy nor


quick. Over 92 percent of the island nation’s 21 million people live on less than $2 USD a day and violence and crime make streets unsafe after dark. Madagascar’s economic success is almost completely dependent on outside sources of capital investment, trade, and energy resources. However, a successful and nonviolent election is a positive step toward a safe, economically and socially sound Madagascar.


* Submitted by Joshua Ash


United States Supreme Court Tightens General Jurisdiction in Daimler


“Do you even care how you win?” The question U.S. Justice Sotomayor asked Thomas Dupree, Jr., the attorney for multinational corporation Daimler AG, set the tone for a case surrounding decades-old actions that occurred in Argentina’s Dirty Wars.


In a unanimous verdict delivered on January 14, 2014, the U.S. Supreme Court continued to curb the avenues through which plaintiffs may sue mul- tinational companies in U.S. courts for torts that occurred outside the United States. Daimler AG v. Bauman involves a group of 22 Argentinian plain- tiffs seeking to assert jurisdiction over a German automaker in California for alleged deaths, kidnap- pings, torture, and wrongful detention committed by employees of the company’s Argentinian sub- sidiary during Argentina’s Dirty Wars.


The Ninth Circuit, in a divided opinion, overruled the California District Court’s rejection of general jurisdiction over the German-based parent corpo- ration Daimler. The Ninth Circuit found that the California corporation had acted as an “all-pur- pose” agent for the German corporation, making the California subsidiary’s contacts attributable.


The Court, in an opinion authored by Justice Gins- burg, unanimously rejected the plaintiff’s claims of general jurisdiction over the German-based company. Many who have followed the recent


ILSA Quarterly » volume 22 » issue 4 » May 2014 9


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