Term
| International Minimum Standard |
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Definition
| When an alien suffers some injury, International law provides a right to compensation |
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Term
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Definition
International law does not provide any minimum standard of behavior of how to treat foreign nationals.
There is only a domestic right to challenge expropriation.
They can only expect to get the same treatment that the citizens get. |
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Term
| exhaust all local remedies |
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Definition
| Before an alien can get diplomatic protection, he/she must first _____. |
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Term
Exception #1: The alien does not have to keep pursuing it if he/she is going to automatically lose at the next level.
Exception #2: The alien does not need to exhaust local remedies if he/she did not have any voluntary contact with the state that caused the injury. |
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Definition
| Name the two exceptions for exhausting all local remedies |
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Term
| The Claim of the Finnish Ship Owners (Finland v. UK) |
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Definition
Case
Court ruled that there is no need to continuing pursuing local remedies if the result is futile. |
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Term
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Definition
| Used in contracts. It said the individual waived his/her right to seek diplomatic protection. |
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Term
| International law says that an individual cannot waive his/her right to seek diplomatic protection. Why? It is not an individual’s right. It is a right of any country to protect its citizens. A citizen cannot deprive his/her state of its right to act on his /her behalf. |
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Definition
| Can an alien waive their right to seek diplomatic protection? |
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Term
| The act of state doctrine |
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Definition
| 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
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Definition
Case
Court ruled, Any governmental official at any level that does something that violates the state’s international obligations, the state is responsible whether they are acting ultra vires or not. |
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Term
| substantive base of responsibility |
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Definition
| ______ refers to things that governments do which makes them responsible for injury to aliens, |
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Term
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Definition
substantive base of responsibility
Denying someone access to courts
Denying procedural fairness and due process |
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Term
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Definition
Case
The court ruled that the state is internationally responsible for the denial of procedural justice |
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Term
| Failure to protect aliens |
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Definition
substantive base of responsibility
When a statedoes not take reasonable steps to prevent injury to aliens |
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Term
| Failure to prosecute those who wrongfully injure aliens |
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Definition
substantive base of responsibility
When a state does not prosecute people who cause injury to aliens. |
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Term
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Definition
Case
Court ruled that, There is an international requirement that states try to take reasonable measure to:
1.prevent injury to aliens and
2.Promplty try to prosecute those who harm aliens |
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Term
| Expropriation and Nationalization |
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Definition
| When a state takes property from individuals. |
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Term
1 It is for a public purpose
2 It has to be non-discriminatory
3 Compensation must be fair, prompt, and effective |
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Definition
| What are the three requirements for exproriation/nationalization to be legal? |
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Term
| It is value of the property taken plus interest |
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Definition
| What is Fair Market Value Compensation? |
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Term
Means compensation must be in some usable form.
A hard currency, not the crappy local currency.
EX: Dollars, Euros, International Bonds |
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Definition
| What is effective compensation? |
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Term
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Definition
Case
The court ruled, Because the contract was international, the rights and the duties of the contract are held at an international level. Therefore, international law must be taken into consideration when making reparations. |
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Term
| Principle of Equality (local standard) |
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Definition
| This says that foreign nationals should not have more rights than the citizens of the country they are in. |
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