Briefs

Question 1

Lotus

Answer 1

Defined international law as rules and principles that are binding to states. So, states may act in any way unless it is explicitly stated otherwise. That’s why Turkey could prosecute the French citizen since there was no law stating they couldn’t.

Question 2

North Sea Continental

Answer 2

Demonstrates how customs apply to states. Because Germany hadn’t ratified the Geneva Convention, they weren’t liable to uphold it.

Question 3

Paquete Habana

Answer 3

Demonstrates how customary law is recognized and enforced by courts. Due to international customs, we saw the Spanish fishing ships exempt from being US prizes of war.

Question 4

Reparations

Answer 4

Set a precedent allowing the UN negotiation authority in treaties. Because of the UN’s legal personality expressed in this case, the UN is now able to establish their authority beyond what states gave them.

Question 5

Montevideo

Answer 5

Established definition of a state under international law. Before this, a state didn’t need recognition from other states. Now, states are all equal and they need a defined territory, a population, government, and the capacity to enter into relations with other states.

Question 6

Arrest Warrant of 11 April 2000

Answer 6

Demonstrates the implementation of absolute immunity allowed under international law. This gave Mr. Yerodia the defense against the Belgian arrest warrant. In addition i this case demonstrates how states set the precedent, not IGO’s. So, although the ICJ ruled one way in this case, they don’t ultimately set the standard for how cases will be handled in the future, shown by a Spanish judge indicting Augusto Pinochet.