PIL - Leading Cases - Key Information

17 flashcards · Law · by daniel-eder

Discuss: State A arming and training of private rebels who commit violent acts on the territory of another state B
This does not constitutes a breach of the prohibition of use of force But it does constitute a breach of the prohibition of intervention
Discuss: State A funds a private rebels who commit violent acts on the territory of another state B
This does not constitutes a breach of the prohibition of use of force But it does constitute a breach of the prohibition of intervention
When can violent acts of rebels that are armed, trained or otherwise supported by a state be attributed to that state?
Only if that state exercises effective control over the rebels
What is the key requirement for the nationality of a person, and in which case is it not required?
The existence of a genuine link between the person and the state. This applies only in the case of double-citizenship, the link is not required, if a person is naturalized in one country and as a consequence loses their old citizenship
Which case established the requirement of a genuine link for nationality of a person?
Nottebohm Case
Which case established that unilateral declarations can be a source of law in PIL?
Nuclear Tests Case
Discuss: State A expropriated the assets of company X. Company X also has assets in State B. State A now wants to sue in Court for the Assets of X in State B.
Expropriation never affects capital or assets located in other countries. Hence the act of state doctrine is inapplicable
What is the Sabbatino doctrine?
The Sabbatino Doctrine (or Sabbatino Amendment) constitutes an exception to the act of state doctrine issued by the US Congress. It made the act of state doctrine inapplicable in cases of cuban acts of expropriation of US property.
Country A and B both claim a temple and the surrounding area at their border as part of their territory. During negotiations on a general border agreement, among other things, they have a third country X draw a map of their border (because both lack the technical capabilities). The border agreement is never finalized. On the Map the disputed area is shown as part of Country A and the map is sent to both A and B. Both A and B do not react when they receive the map. Later B claims the temple and…
Passivity or silence might cause legal consequences in cases where one state makes a claim and according to state practice the other state is expected to react. If no such reaction follows, the state is being treated as having approved = acquiescence A plea of error (as in this case the claim that B did not think it was obligated to contest the map) cannot be held against another party trusting in that unilateral act, if the party making the plea contributed to the error or could have avoided i…
What is the main restriction to territorial sovereignty?
The prohibition of major damages that affect other countries (especially in regards to environmental measures) -> Territorial sovereignty only goes as far as no other state is being heavily injured.
Which case discussed the restriction to territorial sovereignty in regards to environmental measures?
Trail Smelter Case
What is the relationship between treaty law and customary law, is one of them higher?
in most cases treaty law constitutes lex specialis relative to customary law. However they are equivalent legal obligations on the same hierarchic level (hence the applicability of derogation rules/lex specialis)
Which case discusses the relationship between treaty law and customary law?
Wimbledon case
How can criminal or civil proceedings be started against an immune state organ?
when instituted by the home state home state can waive the immunity of the organ after incumbency the state organ can be held liable international tribunals can initiate proceedings
Which case discusses the possibility of criminal and civil proceedings against an immunte state organ?
Yerodia case
What is the definition of an intervention in context of the principle of non intervention?
interference by one state in the internal or foreign affairs of another state
Which case defined what an intervention is?
Nicaragua case