Ps 388 FINAL EXAM Flashcards
What are the 5 principles of jurisdiction?
- ) territorial: authority is derived from the location of the act
- ) nationality: authority is derived from the citizenship/nationality of defendant
- ) passive personality: authority is derived from the citizenship/nationality of victim
- ) protective: authority is derived from acts that threaten the security, territorial integrity, or political independence of the State
- ) universality: authority derived from the nature of the crime.
Hypothetical:
Two Friends: Turkish and Bosnian. Location: Rome. Scenario: Blind alley, attacked by Macedonian citizens. What is jurisdictional type?
Italy: jurisdiction territorial principle
Macedonia: on the basis of the nationality principle
Turkey/Bosnia= on the basis of the passive personality principle.
2.) Hypothetical:
10 young Macedonian citizens and anarchists.
Location: Montreal, Canada
Scenario: Macadenoian oppose US capitalism. Plan to attack Federal reserve
Canadian authorities learn about this and arrest them. In Canadian soil
What states have authority?
Canada: territorial principle
Macedonia: nationality principle
US: jurisdiction based on protective principle of jurisdiction.
3.) Hypothetical
Young woman walking with daughter
Location: Atlanta GA
Young mother sees civil war general who rape her in camp in QWERTY
All victims and citizens were from QWERTY
Does US have jurisdiction?
Only Principle that APPLIES is universal. Since Jus Cogens and obligations erga omnes. Crime so hideous.
What are the 3 elements for recognition type for a state?
- ) Sovereignty territory: territory is owned by the sovereign state
- ) Terra Nullius: a territory belonging to no one in the sense of legal process
- ) Res Communis: territory that is incapable of ever legally owned or controlled such as Antarctica.
What is the court re Conference of Berlin opinion on the Monstrous Blunder?
Africa was not terra Nllius because other people were there. Meaning it was already a state. Court had declare the opposite
What does it mean to have international and legal personality?
The ability to enjoy rights and contractual obligations.
How is a state recognized?
1.) A unilateral act whereby one or more states admit whether expressway or tacitly that they regard the political entity as a state. And also admit the state has international legal personality.
What does tacitly mean? Aka New Zealand
NZ accredited passports from Kosovar. And also their ambassador. And also supported Kosovo’s membership of the IMF. As Kosovo separated. Not explicitly recognized them.
What is the difference between the Tobar Doctrine and the Estrada Doctrine?
Under the Tobar doctrine a number of Latin Maericna states entered into treaties providing de recognition of states. When there was an interruption of the constitutional order. Objective to emphasize support for all governments. But was viewed a opposite by suppressing internal challenges to the national or regional status quo.
Estrada Doctrine: initiative reasserted the rights of States not be subjected to what they perceived as another form of intervention in their internal affairs. Adopted doctrine addressed larger nations misusing their power to undermine new gov.
What is Belligerent Occupation?
- ) hostile takeover of territory
- ) temporary in nature
- ) an occupier enjoys no general legislative authority to make permanent changes to legal and political structures.
What is Occupation?
Medieval perspective= discovery + terr nullius
What are the 5 types of acquiring dominion over land?
- ) Occupation: medieval perspective
- ) conquest: forced
- ) cession: international agreement that deeds territory from one State to another
- ) prescription: State A a weekly occupied some territory of state B and after time validate title of land
- ) accretion: states territory augmented by new formations of land gradually deposited from bodies of water.
What is a succession of states?
Replacement of one state with another for the international relations of the territory.
What are the effects of succession on states? Do treaties cease to exists? What about multilateral treaties?
Yes treaties cease to exist. But not the universal ones. Fail to survive
Multilateral treaties do survived succession. Successor state cannot claim a clean slate. Property and debt become part of successor state.
What is a port?
A port extends to the outermost permanent harbor facility.
What is a Bay?
A well marked indentation whose penetration constitutes more than a mere curvature of the coast. That if a semicircle whose diameter line drawn across the mouth of that indentation.
If d less than 24 miles= solely internal waters. If d greater than 24 miles international waters.
What is a bay?
When drawn a semicircle has to be greater than the indentation.
What is innocent passage?
Passage of a foreign ship shall be considered be prejudicial to the peace, good order or security of the coastal state.
What is the liability of the succeeding state rooted in?
Rooted in Customary International law. Independently of a treaty even where the succeeding state has not become a treaty party to that multilateral treaty.
What happens to citizenship?
Does not survive. Citizenship constitutes as 2 things blood and birth.