states Flashcards

Question

Commercial transactions

Answer 1

Article 10(1) UN Convention: “If a State engages in a commercial transaction with a foreign natural or juridical person and, by virtue of the applicable rules of private international law, differences relating to the commercial transaction fall within the jurisdiction of a court of another State, the State cannot invoke immunity from that jurisdiction in a proceeding arising out of that commercial transaction.

Answer 2

* Article 12 UN Convention: * “Unless otherwise agreed between the States concerned, a State cannot invoke immunity from jurisdiction before a court of another State which is otherwise competent in a proceeding which relates to pecuniary compensation for death or injury to the person, or damage to or loss of tangible property, caused by an act or omission which is alleged to be attributable to the State, if the act or omission occurred in whole or in part in the territory of that other State and if the author of the act or omission was present in that territory at the time of the act or omission.

Answer 3

* “The tort liability exception from State immunity was also applicable in relation to claims arising out of military operations, when the relevant acts constituted a breach of a peremptory rule of international law.” * Germany v Prefecture of Voiotia, Hellenic Supreme Court (Areios Pagos) 11/2000, 49 Nomiko Vima [Law Tribune] 2000, H.2.

Answer 4

* "Under current international law, a state can claim exemption from the jurisdiction of another state if and to the extent that it concerns the assessment of its sovereign conduct – so-called acta iure imperii [...]. Since the SS unit involved in the events in Distomo was integrated into the armed forces of the German Reich, the attacks are to be classified as sovereign acts, regardless of the question of their violation of international law.“ * BVerfG, Constitutional Court, 2 BvR 1476/03, 15 February 2006, Rz.18.

Answer 5

* “There exists the following general rule of international law: * Forced execution of judgment by the State of the forum under a writ of execution against a foreign State which has been issued in respect of non-sovereign acts (acta iure gestionis) of that State, on property of that State which is present or situated in the territory of the State of the forum is inadmissible without the consent of the foreign State if, at the time of the initiation of the measure of execution, such property serves sovereign purposes of the foreign State. .” * Philippinischer Botschaftskonten/Philippine Embassy Accounts case, 13 December 1977, 46 BVerfG, Constitutional Court 342.

Answer 6

* Groups of states/state unifications * Constituent (member) states * Protectorates * Mandate and trust territories * Territories under international administration

Answer 7

* The Holy See * Sovereign Military Order of Malta * International Committee of the Red Cross * NGOs * TNCs

Answer 8

* Supreme organ of the Catholic Church * Episcopal See of the Diocese of Rome * Personality under international law * Diplomatic relations with numerous states * Concordats * Member or observer in multiple IOs * Represents the Catholic Church and the Vatican City State as a non-governmental subject of international law

Answer 9

- Personality under international law - Diplomatic relations with numerous states - Treaties with States - Background - Historically founded as an order of knights - Possessed territory in the Mediterranean - Military significance between the 11th and 14th centuries - Today's significance - Humanitarian aid

Answer 10

* Founded in 1863 by Henry Dunant (CH) * Association under Swiss law * Numerous national Red Cross societies followed suit (members are NOT states, but those red cross NGOs) * Humanitarian objective (u must distinguish combatants and civilians; civilians are NOT legitimate targets, combatants are; avoid unnecessary harm) * Monitoring functions in armed conflicts according to – Geneva Red Cross Conventions 1949 – Additional Protocols 1977 -> limited personality under international law * Other actors of the Red Cross Movement: * Federation of (National) Red Cross Societies * International Red Cross Conference

Answer 11

* Organized civil society * Article 71 UN Charter mostly focus in peace / humanitarian aid NGO can conclude agreement w civil society associations are allowed to participate in UN Economic and social council (ex ELSA (european law school association)) * Res. 288 B (X), para 8, 27 February 1950: * “Any international organization which is not established by international agreement shall be considered as non-governmental organization for the purposes of these arrangements.”

Answer 12

* A TNC is an enterprise “comprising entities in two or more countries, regardless of the legal form and fields of activity of these entities, which operate under a system of decision-making, permitting coherent policies and a common strategy through one or more decision-making centres, in which the entities are so linked, by ownership or otherwise, that one or more of them may be able to exercise a significant influence over the activities of others and, in particular, to share knowledge, resources and responsibilities with the others.” * Code of Conduct on Transnational Corporations, UN Doc. E/1988/39/Add. 1 (1988).