FacultyFaculty/Author Profile

Ian Anderson

Ian Anderson
Advocate & Attorney-at-Law
New York, NY, USA


IAN ANDERSON

JURISDICTIONS

AMERICA: All New York City and State Courts, US Federal Courts, and Organization of American States' Tribunals.

EUROPE: All Courts and Tribunals of the European Union; Council of Europe Tribunals.

AFRICA: All Courts of the Republic of South Africa (including Township Courts).


SOME DECISIONS OF NOTE

1) AFRICA - South Africa

Several important reported decisions in South African Criminal and Civil Laws, including first impression cases of:

State v. Kharnyapa 1979(1)SA 824, before the Chief Justice of South Africa - Established the application of English Law of Evidence principles in South African murder trials.

Ex Parte Jones: In re Jones v. Jones 1984(4)SA 725(WLD); Private International Law - Concerned a South African spouse married abroad under a regime allowing her to retain her separate domicile and the jurisdiction of South African Courts to hear her divorce action.


2) EUROPE - France (International)

L.C.B. v. UK 1998 - 111 R.J.D. No. 76; 1390 (European Court of Human Rights, Strasbourg) - Regarding the genetic effects of parental exposure to ionizing radiation on children as violations of the European Convention on Human Rights.

McGinley & Egan v. UK 1998 - 111 R.J.D. No.76;1334(European Court of Human Rights, Strasbourg) - Regarding the long-term health effects of ionizing radiation exposure on former troops as violations of the European Convention on Human Rights.


3) EUROPE - Britain

Lord Advocate's Reference No. 1 of 2000: 2001 SLT 507 (High Court of Justiciary) - Regarding the extent to which an Advisory Opinion of the International Court of Justice on the illegality of nuclear weapons constitutes a defence in Scottish Criminal Law.


4) EUROPE- Belgium (International)

Carswell v. Denmark 2007 -Petition 720/2002 (European Parliament, Brussels) - Parliament in plenary session overwhelmingly votes  in favour of Petition requiring Denmark to comply with EU Directive for precautionary medical monitoring of former Danish workers exposed to radiation in Greenland during a radiological emergency. Only third time in the Parliament's history that  plenary voting procedure adopted to determine a petition.


5) AMERICA - United States (New York)

Hochberg v. Davis 171 AD 2nd.192; 179 AD 2nd.372; 575 NYS 2nd. 311 - Affirmed protections for procedural rights of litigants by asserting limitations on powers of State Supreme Court Judges.

Barclays Bank v. M & M Electronic Associates, Inc. 185 AD 2nd. 580; 586 NYS 2nd. 384 - Regarding modifications of a security agreement for corporate financing by subsequent actions of the parties.


6) AMERICA - United States (Federal)

Spierer, et al. v. Federated Department Stores, Inc., et al. 328 F 3rd. 829; (US Court of Appeals for the Sixth Circuit, Cincinnati); Regarding the scope of Constitutional limitations on US Bankruptcy Courts' jurisdiction over state claims.


BAR ADMISSIONS

Europe: 1973, Scottish Bar, UK: Advocate (Barrister). Member of the Scottish College of Justice (est. 1532).
Africa: 1976, Johannesburg Bar: Advocate (Barrister).
America: 1983, New York State Bar. 1988, United States Federal Bar. 1995, United States Supreme Court.

LAW DEGREES

1970 LL.B. (Honors), Aberdeen University School of Law (est. 1496), UK.
1975 LL.M., University of Cape Town School of Law, South Africa (Original Thesis on Tort Defence).
1976 LL.B., University of South Africa (UNISA) Law School, South Africa.

ASSOCIATIONS

New York County Lawyers Association (US Federal Courts Committee and Foreign & International Law Committee). Faculty of Advocates, Edinburgh. International Commission of Jurists, Geneva (Associate). Scottish Lawyers European Group. Lawyers Committee on Nuclear Policy, New York (Board Member). International Dispute Resolution Panel of American Arbitration Association (Former Member). Justice, UK.

REPORTS

American Bar Association Committee on Human Rights: "1985 Riots, Damage and Suffering in South Africa." New York County Lawyers Association: "US Federal Diversity Jurisdiction", "War Crimes Tribunal for the Former Yugoslavia", "International law and US House Resolution 568", "Legality of North Korea's October 2006 Underground Nuclear Detonation." 

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