Fourth Test Flashcards
Taking measure against offending states are unilateral measures known as what?
self-help or counter measures
What are the three kinds of counter measures?
- reprisal
- reciprocal
- retorsion
Retorsion is an act of what?
Retaliation to an unfriendly act
Countermeasures against an offending state may be taken by the aggrieved states through joint action called what?
Collective Sanctions
How many types of reparations are there?
3
What are the three types of reparations?
- restitution
- indemnity
- satisfaction
In I.L., private persons may also initiate what?
claims against a state against a state for violations
True or false: unless there is international agreement, a state has no obligation to admit nationals of another state
true
If an alien is injured by a private person, his remedy is against who?
that person
A state is responsible for injury to the person or property of an alien only if the offensive act is what?
attributable to the state
What occurs where individuals act in parallel ways to official institutions and the government does not discourage them?
De Facto Agents
Economic interests of alien investors may be harmed by non-commercial risks such as what?
political and social upheavals
Just compensation requires what?
- payment for full market value
- in convertible currency
A US national seeking legal redress in US courts for injury due to foreign state may be faced with a claim of what?
Sovereign Immunity
What concept means you may not sue an independent political entity unless the sovereign waives the immunity?
Sovereign Immunity
Many cases of sovereign immunity end up in what?
international arbitration
Which section of the UN charter directs all members to settle their disputes by peaceful means?
Article 2, paragraph 3
The US is party to how many bilateral and multilateral treaties?
more than 70
The main method of settling disputes or prevent one from occurring is what?
negotiation
Disputes may also be resolved by what?
the good offices approach
Another approach to dispute settlement is what?
arbitration
Arbitration leads to a what?
binding settlement based on law
The arbitration panel is made up of judges who are usually appointed by who?
the parties
In recent years, the most active arbitration tribunal has been what?
the Iran-US tribunal
Where is the Iran-US tribunal based and how many members does it hold?
The Hague; 9
How are the Iran-US tribunal members selected?
3 by Iran
3 by the US
3 by the 6
Where is the International Court of Arbitration of the International Chamber of Commerce?
Paris
The ICJ is based on a what?
a statute
The parties to the ICJ statute include who? and who is the non-member?
all members of the UN; Switzerland
How many judges are on the ICJ?
15
Who elects the ICJ judges?
The security council and the GA
The ICJ has what two kinds of jurisdiction?
- to decide contentious cases between the states
- to render advisory opinions
Who was involved in the Case Concerning US Diplomatic and Consular Staff in Tehran?
US-Iran
Who handled the Case Concerning US Diplomatic and Consular Staff in Tehran and when?
ICJ, 1980
What was the ruling in the Case Concerning US Diplomatic and Consular Staff in Tehran?
In the absence of an agreement, either party in a dispute may unilaterally have recourse to the ICJ