Term
| Absolute Sovereign Immunity |
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Definition
| State cannot commit a legal wrong and is immune from civil suit or criminal prosecution; |
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Term
| Restrictive Sovereign Immunity |
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Definition
| a principle that the immunity of a foreign state in the courts of the U.S. is restricted to claims involving the foreign state's public acts and does not extend to suits based on its commercial or private conduct. |
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Term
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Definition
| States can’t hide behind sovereign immunity while pursuing commerce. |
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Term
| Foreign Sovereign Immunities Act |
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Definition
| This prohibits sovereign immunity with regard to commercial activities of foreign states or their agencies or with regard to property taken by a foreign sovereign in violation of international law. |
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Term
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Definition
_______ have complete immunity from host state criminal jurisdiction and nearly complete immunity from host state civil jurisdiction. “24 hour immunity”.
They are "inviable"
Exempt from local taxes.
Immunity goes to family as well.
However, they can wave immunity or be declared persona non-grata. |
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Term
| Vienna Convention on Diplomatic Relations |
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Definition
| _______ is an international treaty that defines a framework for diplomatic relations between independent countries. It specifies the privileges of a diplomatic mission that enable diplomats to perform their function without fear of coercion or harassment by the host country. This forms the legal basis for diplomatic immunity. |
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Term
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Definition
_____ are Inviable to Official Duties. Immunity limited to conduct related to their official functions. “9-5pm Immunity”.
Normally the premises in which they work is inviable, unless there's an emergency.
Can’t be arrested except in a grave crime (ex/ murder, rape, etc.)
If criminal proceedings consuls have to appear in court.
Not subject to arrest when they’re in the act of consular functions. |
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Term
| Vienna Convention on Consular Relations: |
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Definition
| _____ is an international treaty that defines a framework for consular relations between independent countries. |
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Term
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Definition
| _____ Says any individual acting in any governmental capacity that injures a foreign national makes the state responsible. Even if acting outside his/her authority. |
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Term
| Circumstances precluding wrongfulness |
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Definition
1.Consent
2. Force Majeure
3. Distress
4. Necessity |
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Term
1.Consent
2. Force Majeure
3. Distress
4. Necessity |
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Definition
| What are the circumstances precluding wrongfulness? |
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Term
| Circumstances precluding wrongfulness |
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Definition
| _____ refers to situations where states can breach an obligation, but not be responsible for it. |
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Term
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Definition
(Circumstances precluding wrongfulness)
state that it is not bound to fulfill its obligations bc the other state gave them permission.
The other state must openly express it. |
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Term
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Definition
(Circumstances precluding wrongfulness)
When a state is not bound to fulfill its obligations because it is impossible to comply or fulfill duties.
It must be due to something unforseen and beyond states control. |
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Term
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Definition
(Circumstances precluding wrongfulness)
When a state is not bound to fulfill its obligations because it is preserving humans lives.
It is possible to comply, but would result in the loss of life. |
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Term
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Definition
(Circumstances precluding wrongfulness)
When a state is not bound to fulfill its obligations because it is the only means of safe guarding national interest. Only way to protect essential national interest from immediate parel!
Limitations:
Can’t violate Jus Cogens
Can’t use this if your actions hurt another state
Can be ruled out in treaty
You can’t be the cause of the situation.
Example of no distress: Rainbow Warrior Case. |
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Term
| Interceptive Self –Defense |
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Definition
_____ self-defense is when attack is imminent.
It is seen as acceptable.
Example: The 6 day war. |
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Term
| Anticipatory Self –Defense |
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Definition
| _____ self-defense is frowned upon. |
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Term
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Definition
_____ refers to the situation where a state stops fufilling its obligations to another state because the other state was not fufilling its obligations.
This is a legal respnse. |
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Term
| Air Services Agreement Case (US v France) |
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Definition
Case
The court ruled that countermeasures are legal. |
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Term
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Definition
| _____ are required when a state breaches an obligation which causes injury. |
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Term
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Definition
1.Restitution
2.Indemnity
3.Satisfaction |
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Term
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Definition
Reparations
_____ means to return what was taken
(works well domestically) |
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Term
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Definition
Reparations
_____ refers to monetary compensation. Cash Money! (International Law prefers this one) |
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Term
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Definition
Reparations
_____ refers to reparations for offenses against honor.
Example: a formal apology.
(this is old school) |
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Term
| Schooner Exchange v. McFaddon |
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Definition
Case
Dealt with Absolute v. restrictive sovereignty . Absolute sovereignty won. |
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