Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

POLI 355 > Midterm sections 4-6 > Flashcards

Midterm sections 4-6 Flashcards

1
Q

Adjudication

A

Solving dispute relying on law, by judicial means
- It is the application of the facts and international law to the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Arbitration

A

ad hoc authority created for a one-time use (specifically for the dispute) issuing legally binding decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Examples of Arbitration

A

Yugoslavia, Rwanda, Nuremberg, Tokyo

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the Consistency problem of interpreting international law?

A
  1. same treaty interpreted differently between different tribunals or courts
    - However inconsistencies rarely arise because of informal links between tribunals and courts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who are the interpreters of the law?

A

tribunals and law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the Permanent Court of Arbitration?

A

-1st global mechanism for judicial settlement of disputes
-Pool of potential arbitrators that states could turn to
- Court would coordinate with states the arbitration of disputes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When did Arbitration loose its relevance?

A

After the implementation of Permanent Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What was the purpose of the Permanent Court of International Justice

A

Hear contentious cases between states and give advisory opinions on judicial questions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Who makes up the ICJ and who is it for

A
  • 15 judges elected by General Assembly of the UN
    -Hear disputes from States and NGOs
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Who can bring a case to the ICJ

A

Parties to the statute of the court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

How To Become Member of ICJ

A

-By becoming member of the UN

-For non-UN members, by ratifying the Statute of the Court as a separate treaty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What determines the jurisdiction of the Court

A

Consent- states consent to the court to hear cases involving them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

How do states give consent to the court

A

-Optional Clause (Article 36)
-Core-by-core basis
-compromissory clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is Article 36

A

-Optional Clause
-states can endorse to give the Court jurisdiction over any case that may arise in the future in which they are involved

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the limitation of Article 36?

A

-Has to be subject to reciprocity (both parties have to endorse optional clause)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the Compromissory Clause?

A

-Any dispute relating to the interpretation or application of the treaty in question may be referred to the Court unilaterally by any party to the treaty

-When dispute arises in the future, parties undertake obligation to consult ICJ
-Very limited jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is Article 39?

A

States legally obligated to comply with the ICJ Court Decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What was the context of Yugoslavia vs Canada & US

A

-Brought to court by Yugoslavia
-Denouncing NATO’s bombing of Serbia
-Against NATO (mostly Canada and US)
-Asked court to provide provisional measure
–> US stop bombing territory
–> Refrain use of force
-Court had to establish case jurisdiction
-Court did not have jurisdiction
–> denied Serbia’s request for a provisional measure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What was Yugoslavia’s case against the US?

A

-Yugoslavia argued that bombings = violation of Genocide Convention–> Compromissory clause
-Article 9: compromissory clause states that if a dispute arises the parties undertake the commitment to take that dispute to the ICJ for adjudication

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What was the Court’s process for determining lack of jurisdiction in US vs Yugoslavia?

A

-US had not given consent to the Court’s jurisdiction:
-Ratified the Genocide Convention but had placed a reservation on Article 9

–> Any dispute brought to Court
-US would have to give explicit consent for specific case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What Was the Conclusion of the Yugoslavia vs US Case?

A

-Lack of Jurisdiction
-Court Dropped the Case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What would have happened if the Court had assessed the Yugoslavia vs US case’s merit?

A

-only applicable law was Genocide convention
-only basis of jurisdiction was compromissory clause contained in Genocide Convention
-US had not violated Genocide Convention
-US had violated UN Charter but was not applicable by the court in this case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the genocide convention?

A

-Establishes obligation to take measures to prevent and to punish the crime of genocide,
–>enacting relevant legislation
–> punishing perpetrators

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Did the US violate the Genocide Convention in the Yugoslavia case?

A

-certainly not, one of the conditions of genocide is intent to destroy a whole or in part a protected group
–> (national, regional, ethnic, religious group)
–> No intent of the US

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What were the 2 Bases of jurisdiction in the Yugoslavia vs Canada case?

A

Comp Clause Article 9:
–> Genocide Convention- Canada had no reservation on the article

Optional Clause:
–> Statute of the Court (both Yugoslavia and Canada had endorsed and authorized the Court to apply any international law that applies to the case)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Why did the Court lack jurisdiction in the Canada vs Yugoslavia case?

A

-Yugoslavia’s UN membership was suspended in 1992 so they didn’t have access to the court

-Unclear whether Yugoslavia was a member of the UN or a party of the statute of the Court

-Yugoslavia was not a party of the Court in 1999 and therefore have no right to bring case to the ICJ

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Why was Yugoslavia’s UN membership suspended?

A

The Socialist Federal Republic (SFRY) of Yugoslavia’s illegal actions of ethnic was in conflict of independence of former Yugoslavia

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Why was Yugoslavia’s membership in the UN contentious in 1999?

A

-Had never ratified the statue of the ICJ
-Court found that in 2000, the new government of Yugoslavia had applied for UN membership and got it- therefore not member in 1999

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What does CERD stand for?

A

Committee on the Elimination of Racial Discrimination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is the context of the case of Georgia vs Russia?

A

-2 areas of disputed sovereignty:
–> S Ossetia and Abkhazia
–> Was was resolved in Akhazia but not in Ossetia
-War breaks out between Georgia and Russia over control of S Ossetia

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Who brought the case to the ICJ in the Russia vs Georgia Case?

A

Georgia in 2008

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What article of the ICJ did Russia violate in the case of Russia against Georgia?

A

-Court had jurisdiction over:
–> Article 2 of the CERD: compromissory clause
–> But there was conditionality to be activated according to Article 22

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What is the condition of Article 22?

A

-Any dispute between parties to the convention which is not settled by negotiation or the procedure established in the convention
-Important part is need for negotiation
–> parties involved in the dispute must have intended to fight a settlement in the dispute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What were the Court’s findings in Georgia vs Russia?

A

-There was no dispute between Georgia and Russia at the time of the case
–> enough to say Article 22 doesn’t apply

-True that no dispute on the matter of racial discrimination before 2008
–> at the Court didn’t previously have jurisdiction in the 90s

-After the war started in August 2008: issue of ethnic cleansing had been raised by Georgia in diplomatic exchanges with Russia

-If the dispute was settled, it would not make sense to even consider that dispute in the first place

-Court found that dispute condition was met but Georgia never tried to settle the dispute
–> Article 22 could not be activated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What is the context of the East Timor case?

A

-East Timor Portuguese colony until 1975 independence
-Indonesia invaded and established De Facto control- 25 years
-1999 Indonesia relinquished control- Same time as NATO bombing Kosovo
-2002 becomes UN member

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What was the main issue of the East Timor case?

A

-Treaty signed to delimit the continental shelf of East Timor, by Australia and Indonesia

-Problem of the Treaty:
–> Australia’s recognition of Indonesia rule over East Timor
–> Denies Portugal’s authority and citizen’s right to self-determination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What were the Court proceeding in the East Timor case?

A

-Portugal brought case against Australia to ICJ
-Article 38: Optional clause endorsed by both Portugal and Australia
–> Australia objected because
1. Legality of Australia’s behaviour at the time of the treaty with Indonesia cannot be established without first establishing Indonesia’s lawful conclusion of the treaty
2. To say that Indonesia doesn’t have power over East Timor–> need to have Indonesia’s consent–> but did not ratify the optional clause so did not consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Did the ICJ hav jurisdiction in the East Timor Case?

A

Court concluded that it lacked jurisdiction because of lack of consent from Indonesia

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What is the Purpose of the International Criminal Court (ICC)?

A

It is the court in charge of applying legal obligations to individuals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Why were Ad Hoc Tribunals created?

A

For the trial of individuals related to WWII and the Holocaust

–> Nuremberg and Tokyo Military tribunals
-Only individuals of states defeated at war were tried: Germans and Japanese

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What are examples of Ad Hoc Tribunals before and after WWII

A

_Rwanda
_Yugoslavia
_Nuremberg
_Tokyo

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

What does the incorporation of International Law entail?

A

-Applying international legal rules within national jurisdiction
–> the ability of domestic courts to apply rules that come from international agreements or customs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What are the direct and indirect consequences of Incorporation?

A

Direct:
–> International and domestic law: only one system of law
_civil law countries

Indirect:
–> domestic legislation required for incorporation to happen
–> Dualism: 2 separate systems of law
-When a state ratifies a treaty domestic courts cannot apply the treaty directly
–> act of parliament to create domestic law that incorporates the treaty: creating a new source of law (replicates the content of international agreement but at the domestic level)
–> Common law countries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

A State which has broken a stipulation of international law cannot justify itself by referring to its domestic legal situations- TRUE OR FALSE

A

TRUE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Customary Law hasn’t been applied by Canadian courts and needs to be incorporated- TRUE OF FALSE

A

FALSE: Customary law = directly applied by Canadian courts (no need to be incorporated)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Which holds precedence constitutional norms or international law in Canada and the US?

A

Constitutional norms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Customary law used as subsidiary source of Canadian law- TRUE OR FALSE

A

TRUE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Treaties don’t require implementing legislation to become a part of domestic law- TRUE OR FALSE

A

FALSE: Capacity to bind the State internationally through the conclusion of a treaty is a prerogative of the Executive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

In the US the constitution placed hierarchically above treaties and national law- TRUE OR FALSE

A

TRUE: Superiority of constitution also applies to executive agreements (presidential agreements with foreign countries)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

What is the Time Rule in Domestic Courts?

A

-If there is a clash between laws passed by congress and treaty that has been ratified
–> Whichever was enacted by congress last must be followed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

What is State Responsibility?

A

It is generated by conduct in breach of a state’s obligation owed to another state under international law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

What are the rules which determine a breach in international law?

A

-Primary rules: rules of international law determining whether an action is a breach of international obligation owed by one state to another
–> what i have to or should refrain to do

-Secondary rules: determines whether a breach is attributable to a state and what are the legal consequences of this breach
–> laws of state responsibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

What is an Internationally Wrongful Act?

A

A breach of a legal obligation attributable to a state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

What are the conditions to determine an internationally wrongful act?

A
  1. Conduct must be attributable to the state in question
  2. Actions must be a breach of international law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

What determines whether an act is attributable to the state?

A

-one organ of government of the the state
-one agent of the state
-one person acting under the control of an agent of the state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

What was the context of the Iran Hostage Crisis?

A

-Iranian Revolution 1979
-US embassy in Tehran was occupied and diplomatic and consular staff held as hostages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

Who was responsible for the Iran Hostage Crisis?

A

Not direct agents of the government of Iran:
–> Radicalized Muslim Iranian college students

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

The US went the ICJ for provisional measure against Iran demanding the release of hostages and both the ICJ and Iran complied- TRUE OR FALSE

A

FALSE: Provisional measures mandates by the Court but ignored by Iran

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

Which 3 Treaties contained compromissory clauses within the Iran vs US case

A

-Vienna Convention on Diplomatic Relations
-Vienna Convention on Consular Relations
-Bilateral treaty of friendship between US and Iran

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

Did the ICJ have jurisdiction in the Iran Hostage Case?

A

Yes: the ICJ had 3 pieces of applicable international law at play

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

Was the Hostage Crisis attributable to the state of Iran? Why?

A

Yes:
- Iran’s inaction as a response and Iran’s public approval and perpetuation of actions committed by student
-Students became de facto agents of the state by endorsing actions

62
Q

Was the hostage crisis a breach of international law?

A

-Obvious response that taking personal of an embassy as hostages= violation of treaties

63
Q

What were the conclusions of the Iran Hostage Crisis

A

Iran Owed to US
->Obligation to immediately stop actions in progress
->Obligation to restitute the situation to what it was before
->Obligation to pay reparations to the US (never did)

-Changes in circumstances allowed to find and agreement
–> (death Shah, Iran-Iraq War)

64
Q

What is the Intertemporal Rule?

A

To establish if an action is a breach to international law we have to look at the international law enforced at the time the action was committed

65
Q

What is Force Majeur?

A

impossible for the state to comply (doesn’t have the capacity)

66
Q

What is Distress?

A

Human life would be endangered if complied with obligation

67
Q

What is Consent?

A

Consent of the injured party to let the responsible state act wrongfully
–> cannot later claim that state violated an obligation (gave okay to commit legal breach)

68
Q

What is Self-defence?

A

-Violate international obligation owed to other state in self-defence
-defending territory or integrity of the state
–> activates when you have been attacked by another state

69
Q

What are Countermeasures?

A

-Enforcement measures that exist in a self-help system
–> if you violated treaty against me, I will bring you back into compliance by committing certain actions that otherwise would maybe also be considered violations
–> my unlawful actions are allowed by international law

70
Q

No circumstances would ever preclude wrongfulness when norms of jus cogens are breached (peremptory law)
-TRUE OR FALSE

A

TRUE

71
Q

A state may not invoke the responsibility of another state in respect of injury to is nationals if:

A

-The claim does not satisfy the nationality of claims rule
-Is one to which the rule of the exhaustion of local remedies applies

72
Q

What does the claim of Plurality of Injured States entail?

A

-Each injured state may separately invoke the responsibility of the responsible state

73
Q

What does the claim of Plurality of Responsible states entail?

A

-Separate responsibility of each state may be invoked for conduct attributable to it

74
Q

What is Cessation?

A

Obligation to stop ongoing act

75
Q

What is Non-Repetition?

A

Give guarantee that the state won’t resume these actions

76
Q

What is Reperation?

A

-For the injured cost
–>Restitution
–>Compensation
–>Satisfaction

77
Q

What is Restitution?

A

Reestablishment of situation existing before the breach

78
Q

What is Compensation?

A

Material compensation for damaged cost

79
Q

What is satisfaction?

A

-Reparation applied for injuries non financially assessable
-State admitting its violation of international law
OR
-Ruling from a court formally stating that the state violated obligations owed to other states
–> symbolic nature reparation

80
Q

What are Peremptory Norms?

A

Obligations owed to everyone
(all states)

81
Q

When Jus Cogens is violated only relevant parties are considered injured parties- TRUE OR FALSE

A

FALE: When rule of jus cogens violated 🡪 everyone else is an injured party
–> whole international community

82
Q

What are the consequences of a serious peremptory norm breach?

A

-Obligation for the entire international community
–>Obligation not to recognize the situation emerging from that breach as a lawful situation
–>Obligation not to contribute to the maintenance or repetition of the situation brought about by the violation of the peremptory norm

83
Q

Define Jurisdiction

A

Domains over which the law has power

84
Q

What are the three components on Territorial Jurisdiction of the state

A

-Inherent in state sovereignty
-State’s exclusive authority over its territory
-implies control over the sea and the sky

85
Q

There is still Terra Nullius in the world- TRUE OR FALSE

A

FALSE: all land has now been claimed by states

86
Q

Disputes over territorial borders not as common as they used to be- TRUE OR FALSE

A

TRUE

87
Q

Today disputes over borders are still a relevant contention within international law- TRUE OR FALSE

A

FALSE: Today most states borders are settled, only exceptionally disputes over borders

88
Q

What is Territorial Jurisdiction?

A

Legal authority exercised by a state on its territory follows from the effective control that the government has over the territory

89
Q

Statehood is a political fact- TRUE OR FALSE

A

TRUE

90
Q

What was the 1982 Conference of Montego Bay?

A

The Law of the Sea Convention where widely ratified multilateral treaty BUT not ratified by US

91
Q

US refused to sign the Law of the Sea Convention and is still bound by rules that are part of customary law- TRUE OR FALSE

A

TRUE

92
Q

Oceans are res communis- TRUE OR FALSE

A

TRUE: Commons available for the use of all states

93
Q

What is considered Territorial Sea?

A

12 nautical miles from the baseline

94
Q

What distinguishes a Costal State

A

exclusive jurisdiction over territorial sea (air above it + sea bed)

95
Q

What is Right of Innocent Passage?

A

-Exception to exclusive jurisdiction
–> passing through the territorial sea is a right granted to all states
–>Warships excluded from right of innocent passage, requires prior authorization

96
Q

What is Right of Transit Passage?

A

When territorial sea is part of an international strait (no alternative to passing in territorial sea, right granted even to warships)

97
Q

What happens if between 2 costs there are less than 24 miles?

A

-Cases settled by negotiation (not defined by international law)
-At least 1 of the 2 territorial seas is going to be narrower than 12 miles long

98
Q

What is the Contiguous Zone?

A

-Up to 12 miles further from the territorial sea
–> states do not have exclusive jurisdiction
–> still has special policy authority

99
Q

What is the Exclusive Economic Zone?

A

-up to 200 miles from baseline (up to 350)
-(Includes seabed and air)

100
Q

Costal states have exclusive jurisdiction over exclusive economic zone - TRUE OR FALSE

A

FALSE: Coastal state have NO exclusive jurisdiction but has exclusive right of exploitation of the resources

101
Q

All states have the same rights when it comes to the High Seas- TRUE OR FALSE

A

TRUE

102
Q

What was the outcome of the 1919 Paris Convention for the Regulation of Aerial Navigation?

A

gave states exclusive sovereignty, or jurisdiction, for the column of air above a state’s land territory and territorial sea

103
Q

What was the 1944 Chicago Convention of International Civil Aviation?

A

further confirmed exclusive state control over airspace and also laid down many specific rules, including assigning nationality to planes according to their country of registration

104
Q

Violation of a country’s airspace = very serious and sensitive issue- TRUE OR FALSE

A

TRUE

105
Q

What was the 1963 Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft

A

affirms that for any commission of a crime the state of the aircraft’s registration had jurisdiction
–>not unlike exercising national jurisdiction on board a ship at sea

106
Q

The 1963 Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft directly addresses hijacking- TRUE OR FALSE

A

FALSE: does not directly address hijacking

107
Q

What is the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft?

A

-deals with sabotage
–>covers harming persons on board planes, damaging the aircraft in flight, placing explosives on the plane, or interfering with navigation facilities

108
Q

Define Nationality

A

legal identification of a person with a State

109
Q

What are the mechanisms through which nationality is established?

A
  • Jus soli (place of birth)
  • Jus sanguinis (nationality of parents)
110
Q

What emerges with globalization?

A

prevalence of double nationality

111
Q

Define Naturalization

A

legal process of changing from one nationality to another

112
Q

Why is nationality important?

A

Because states have jurisdiction over their nationals and aliens
–> foreigners on their territory

113
Q

Define Sovereign Immunity

A

exemption of one state’s public acts and property from the court cases of another state
–> act of comity

114
Q

Internationally there is no uniformity among judges and countries as to when and how to apply sovereign immunity- TRUE OR FALSE

A

TRUE

115
Q

Define State Doctrine

A

deference is given to the sovereignty of another state, but here emphasis is on acts of a government on its own territory
–>decisions made by a government within its national context, that affects another state’s citizens in a negative way, will be given full respect as a sovereign act

116
Q

Define Extraterritoriality

A

extending state legal authority beyond its territory

117
Q

What are the 5 Principles of Extraterritoriality

A

-Nationality Principle
-Passive Personality Principle
-Effects Principle
-Protective Principle
-Universality Principle

118
Q

Define Nationality Principle

A

Government of a country can prosecute its citizens for violating its law, regardless of where the act has been committed

119
Q

Define the Passive Personality Principle

A

Involves a criminal act against a state’s citizen while abroad

120
Q

The Passive Personality Principle is recognized by the UK- TRUE OR FALSE

A

FALSE

121
Q

Define Effects Principle

A

Non-security issues

122
Q

Define Protective Principle

A

Security issues
–>Both involve wrongful acts that begin outside a country but impact hat country in some wa

123
Q

Define Universality Principle

A

For crimes open of universal jurisdiction 🡪 any perpetrator can be tried by any state

124
Q

Increasingly, governments must rely on an international process of reciprocal cooperation- TRUE OR FALSE

A

TRUE

125
Q

What was the context of Lotus 1927 France vs Turkey?

A

-1886 Collision between French and Turkish ships
–>5 miles away from Turkish coasts
-Dispute because happened in high seas
-French arrested in Turkey and tried for manslaughter under Turkish law
–> French brought Turkey to ICJ

126
Q

What were the arguments in the France vs Turkey case

A
  • France’s argument = Turkey in violation of international law
  • Turkey’s argument = the opposite
    –>Turkey no right to exercise jurisdiction over the case
127
Q

Exercise of Jurisdiction is a sovereign’s prerogative-TRUE OR FALSE

A

TRUE

128
Q

The Court found that Turkey’s exercise of jurisdiction over French is in contradiction with International Law- TRUE OR FALSE

A

FALSE: Turkey’s exercise of jurisdiction over French is not in contradiction with international law

129
Q

American student in Italy that allegedly killed her British roommate-
Which countries could claim jurisdiction over that crime?

A

The 3 Of Them
–>Italy: basis of jurisdiction = territorial jurisdiction
–>US: basis of jurisdiction = nationality principle (extraterritorial)
–>UK: basis of jurisdiction = passive personality jurisdiction

130
Q

The UK does not recognize passive personality principle as a valid basis of extraterritorial jurisdiction- TRUE OR FALSE

A

TRUE: the UK cannot cannot claim trial against people killed on other lands
–> no extraterritorial jurisdiction

131
Q

All principles are equally valid claims of jurisdiction- TRUE OR FALSE

A

TRUE

132
Q

What happens when 2 countries both have jurisdiction in a case?

A

Resolved By Negotiation:
-State that has custody of the perpetrator has the upper hand
–> Accusé has to be present on soil
-If bargaining fails: state that has custody will exercise jurisdiction

133
Q

Define Extradition

A

International process of reciprocal interstate cooperation in legal enforcement
–> Basis of jurisdiction must be recognized by both states

134
Q

What are the Typical Conditions of Extradition?

A

-Prima Facie evidence suggesting trial
-Double Criminality
Speciality Rule

135
Q

What is Prima facie evidence suggesting trial?

A

Must provide sufficient evidence to suggest that it makes sense for a trial to be started

136
Q

What is Double Criminality?

A

Crime must be recognized by both sending and receiving state

137
Q

What is the Speciality Rule?

A

The requested person must be tried only for the charges he or she was extradited on

138
Q

Extradition often includes the guarantee that the death penalty won’t be applied even if the person is found guilty- TRUE OR FALSE

A

TRUE

139
Q

What is the Principle of Male Captus Bene Detentus?

A

individual unlawfully captured from foreign territory but detainment considered good so the trial will still go on

140
Q

Define the Legality Principle

A

Non-retroactivity of criminal law

141
Q

Define Intertemporal Law

A

-an act cannot constitute a crime if at the time it was committed, it was not a crime according to the law in force at the time

142
Q

Regional European treaty about extradition does not require prima facie evidence to hold a trial- TRUE OR FALSE

A

TRUE

143
Q

Immunity does not include international crimes such as torture- TRUE OR FALSE

A

TRUE

144
Q

What was the context of the Falklands Case?

A

Islands 500 miles from Argentinian coast (close to Argentina but very far from England)

145
Q

What were the 6 Bases to Claim Sovereignty Rights Based on International Law?

A

-Discovery
-Occupation
-Prescription
-Abandonment
-Succession
-Contiguity

146
Q

Define Discovery

A

-Whoever discovered the territory can claim sovereignty rights
-Both have claimed their SR based on discovery
–>Failed for both
–> Not clear that for Argentina, Spain discovered islands first
–>Evidence that English or French got there first

147
Q

Define Occupation

A

-Effective Occupation 2 conditions
▪ No one must have occupied it before
▪ Occupation has to be effective (continuing display of authority)

148
Q

Define Prescription

A

-Points to a long-term peaceful possession of the territory that might generate exclusive rights over the island

-Comes in 2 forms
–> Acquisitive: long term peaceful possession is met with no protestation from any other state
–>Extinctive: points to long term possession that may be originally wrongful but over time exclusive possession was maintained over time

149
Q

Define Abandonment

A

Implies that you leave the territory + show that the other state left the territory with the intention to relinquish any sovereignty rights over the territory

150
Q

Define Succession

A

-If state has sovereignty over the islands
-Cannot inherent a right that the previous state did not have

151
Q

Define Contiguity

A

Geographic proximity 🡪 is not a recognized basis for claiming sovereignty over territory in international law
–> Relatively speaking 🡪 islands close to Argentina but still 500 miles away (weak argument)

POLI 355 (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions