Exam 2 International Law cases Flashcards
Sapphire 1871
Went to the US Supreme court.
- France vs. the United States.
- In 1867 there was a collision on the high seas. The Sapphire plowed into a French ship and the French ship went down and was lost.
- France sued the US, however, while it was making its way through the court, Napoleon III was deposed and the US claimed that the case should be over because Napoleon was the plaintiff and he had been deposed. However, the US Supreme Court said sovereignty is perpetual and when one head of state leaves the cause would pass on to the next one. Treaties also don’t end with the president.
Archbichop 1987
The financial advisor of the Vatican was putting money in an Italian bank.
- We were using him to funnel money through this bank in Italy to funnel money into the revolutionaries in Nicaragua. We were also sending money to Lakvalence Poland because the workers were striking against the Soviets.
- The bank is called Banco Ambrosiano.
- The bank collapsed and this was the largest bank collapse in Italian history.
- The case went to the Italian courts which has to determine whether or not the Vatican is a sovereign state.
- The court said the Vatican is a sovereign state and did not have to hand over the individual. Upheld the 1920s treaty.
Insular Cases (1901)
After the Spanish-American war we acquired six territories and in the 1900 election is does the constitution follow the flag.
- What was decided was that if Congress had annexed those territories then the answer is yes and they get to vote.
- By virtue of that they get the rights of American citizens.
- They are countries associated with the United States and are not members of the UN.
Sealand (1968)
Goes back to the German Blitz when they would bomb London every night.
- They tried to put up anti-aircraft artilleries which throw metal into the air and if you can find the right weight and size and shape you throw it up there and you hope that the planes will fly into it.
- Sealand is actually 4 to 5 miles out into the ocean. After the end of the war they were all destroyed except for sealand which the man named Patty claimed and he said that he was the king and his wife was the queen.
- Since you can’t enjoy sovereignty over artificial island then Britain could not claim it as their own. The British navy got tired so they went to get him but he started to fire at them and they then left.
- When he went to get water to Britain they put him in jail.
- He argued that they had no jurisdiction because he was the leader of another country and had diplomatic immunity.
- The British court let him go but did not go as far as to recognize the the island.
- In the end he died.
Reparation for Injuries (1949)
Lord Bernadote was a very famous Swiss Lord.
- UNCOP the UN special commission on Palestine where going to make a decision on how to divide the property of Palestine.
- 55% Zionist and 49% Palestine
- They send to Lord Bernadote and an American to go decide this.
- Lord Bernadote was murdered and the car was disabled by a zionist group.
- Everyone knew who did it and the new country was said to be responsible for this group. The Israelis said that the UN was not a country and they owed it nothing.
- The ICJ ruled that the UN enjoys partial legal personality and therefore reparations have to be made to it.
Lawless 1961
Went to the European Court of Human Rights
It involved the United Kingdom and the Republic of Ireland.
-Girard Richard Lawless was an Irish member of the IRA. In 1957 he was detained by the Brits and they had a law which allowed them to suspend the right of Habeus Corpus.
-He filed a lawsuit and the Brits argued that individuals have no standing in the European Court of Human Rights. He had no legal personality as an individual in an international arena.
-He lost the case because the ECHR said that the emergency laws put in place by the Brits were not a violation of his human rights.
American Banana (1909)
United Fruit subsidiaries in Panama and Costa Rica were accused of violating US laws through their policies in SA.
- American Banana said it isn’t fair because they were getting cheaper labor etc.
- The lawsuit filed in the US and the court ruled that American MNCs abroad must respect foreign laws abroad because they have entered into an agreement with the countries of Costa Rica and Panama and it is their laws that apply.
- Our court can hear the adjudication but the laws they will judge their behavior by are the ones of the foreign country they are operating in.
Clipperton Case (1931)
Uninhabited and only 3.5 sq miles long. The French first discovered it in 1711, In the 1850s the French made their formal claim and said that this was their island.
- The discovery is almost always by private individuals supported by nations.
- In the 1800s Mexico also placed a claim on the island and by the end of the century in 1897 Mexico sent a gunship to Clipperton.
- They decided to go to arbitration and the judge the two agreed upon was the king of Italy.
- The ruling was that because France has exhibited effective control of the island Clipperton is a French island. The ruling was made in 1931.
The Anna (1805)
It went to the British High Court
- American-flagged vessel, sailing the Spanish ports in the Caribbean.
- Loaded with logged wood valued by about $15,000. Captured by a British warship while the Spanish and British were at war. The argument is whether it was international waters or not.
- British Position: Ship was 3+ miles from the coast of the USA international waters.
- US position: Ship was -3 miles from the coast of the USA. Territorial waters.
- There was no argument as to the position there was a debate over where our base line (coast line) actually is. The American argument is that because of the silt from the Mississippi has built little islands which count as out land and you count the three miles from there.
- The question posed to the British court is: Can uninhabitable islands formed through Accretion in territorial waters extend a state’s territorial waters? The British court ruled yes because they are an island nation.
US vs. Ray (1970)
Begins with a private company that wanted to develop in a reef in international waters. They submitted a permit to the United States, they were asking to build something called the Grand Capri Republic 4.5 miles eats of Elliot Key. When that happened a similar company in the Bahamas decided to take advantage and began construction.
- The first company went by the name of ACME and was owned by Mr. Ray.
- The Bahamian company went by the name Atlantis.
- The other party in the case is the US gov.
- The court ruled that the US had the right to prevent the company from building by not giving it a building permit.
- The US also has the right to prevent new states from forming in its continental shelf.
Norway vs. Carlile (1969)
Carlile is a Brit who slips and falls in Norway and says he is going to sue them for everything they have and he gets a check from the hotel. Then he goes to Sweden and gets a check again, goes to Denmark and does the same thing.
-He goes back to Norway and tries the same but is arrested and they tried to charge him for crimes committed in Sweden and Denmark as well but the judges said they can’t do that. They have jurisdiction only over the crimes he committed in Norway. However, if he was trying to do this in a Swedish restaurant owned by a Norwegian the case would be different
The Eichmann Trial (1961)
They caught the author of the Final who made his way to Argentina and was abducted and brought to Israel. They argued they had a right to him under the Protective jurisdiction.
US vs. Rodriguez (1960)
A man from Portugal and an American girl get married in Mexico but he only wanted the Green Card.
-However because this would endanger or get in the way of government operations they took away his green card and sent him back to Portugal.
Gillars vs. USA (1950)
An American girl went to Germany with a German Fiance. She was a teacher there, Gillars stayed to marry the fiance even though US urged Americans to leave.
- Her husband died in the war.
- Pearl Harbor was attacked, she stood up in front of everyone and denied the Axis powers.
- They gave her a promotion and she swore alliance to Germany.
- She got a job in propaganda and she talked in the radio every night telling the American boys that their wives at home were lonely.
- When the war ended she was charged with treason.
- She appealed, arguing that the revocation of her passport by the US government was the equivalent of ending her citizenship so they have no right to prosecute her.
- The ruling was against this. Lots of Americans don’t have passports and so you have to explicitly give up your citizenship.
- She was sentenced for up to thirty years in prison. She served about 11 years in prison.
Joyce vs. Director of Public Prosecutions (1946)
Joyce was born in the US in 1906.
- In 1933 he applied for a British Passport because he was brought to Ireland when he was 3. He lied and said he was born in Ireland.
- He went to Germany because he wanted to work for the Nazis.
- He went into the broadcasting Industry.
- When the war was over he was arrested. He said he was not a citizen of the UK. What they decided was that because he had applied for a passport in the UK he owed an alliance to the crown and they had jurisdiction over him.
Rwandan Nuns (2001)
Under the universal jurisdiction you either ask for extradition or they visit your country. The nuns, one professor, and a businessman visited Belgium and they were arrested.
- Nuns had called the hutus about 7,000 tutsis hiding in the convent and then they told them where to find the gasoline to burn them all alive.
- They got 12-15 years.
- The professor started giving people up
Noriega (1992)
1989 US invaded Panama to capture Noriega. Detained him as a POW and charged him for drug trafficking, money laundering, and racketeering in Miami.
- He was convicted and got 15 years in American jail.
- Immediately France and Panama requested him for extraction. In 2010 he was sent to France.
- (2010) He was convicted and sentenced to seven more years. He was released after only one in order to be extradited to Panama. He got 20 years in Panama for crimes of brutality.
US. vs Yunis (1988)
Lebanese joined the Amal Movement then Hezbollah.
- 1985 he hijacked a plane from Jordan.
- Apprehended two tears later and brought to trial in the US because Americans were on board.
- He got thirty years for his crimes.
Raju (2003)
(example of cyber crime) A citizen of India was selling American students the answer to the GRE answers.
-All of the criminal activity happened abroad but it is harming Americans. We prosecuted and India cooperated.
Isle of Palmas (1928)
After the Spanish American War.
-USA Victory and USA received the Philippines
-1905: the Americans noticed a Dutch Flag flying on the Island of Palmas.
-The US complained to the Dutch but the issue was not resolved.
-This was found in the permanent of arbitration.
-US position: legal cession from Spain to US.
-Dutch defense was the Spanish prescription of it to the Dutch prior to this.
-Ruling was in favor of the Dutch.
Evidence:
-Dutch flag, currency and laws implemented in the island.
-No objections by Spain.
-An evidence of objection would be war.
Burkina Faso vs. Mali
Dispute of an old colonial border in 1975 and 1985.
- Press conference prior to the World Court case.
- Burkina faso president said they didn’t care if Mali had it.
- This is seen as all the evidence that Mali has the border.
- It was not seen as Estopple.
Eastern Greenland (1933)
Denmark controlled most of Greenland. -In 1919 a Ihlen declaration created a tradeoff made over drinks. -Norway didn't like the deal so they went to court. -Declaration=estopple -Greenland is a Danish territory. -Greenland is now self-ruled. >They renamed their capitol >having their flag >expanding parliamentary powers. >Danish is not the official language >handle their own foreign policy
