Term
| SS Lotus (France v Turkey) |
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Definition
Opino Juris Case
Court ruled that it fulfilled only one of the two obligations for opino juris.
NO OPINO JURIS
Spelled out the guidelines for opino juris. |
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Customary Law Case
The US Court ruled that in the absensnce of treaties on the matter, state practice could help decide the case. |
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Term
| Assylum Case (Colombia v Peru) |
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Definition
Customary Law
This case dealt with Regional Customary Law and Persistant Objector. |
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Term
| The Right of Passsage Over Indian Territory (Portugal v Turkey) |
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Definition
Customary Law
This case dealt with local/special customary law. |
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Term
| North Sea Continental Shelf (Germany v Denmark and Netherlands) |
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Definition
Opino Juris
In this case the court ruled that TIME IS NOT A FACTOR in determining the exisistence of cutomary law. They enphasized that the state practice had to be widespread. |
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Term
| Corfu Channel Case (UK v Albania) |
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Definition
General Principles of Law
The court reached its decision by turning to a general principle of customary law. They said, "It is every states obligation to abstain from knowingly using their territory for illegal purposes." |
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General Assembly Resolution
The court ruling refered to a general assembly resolution bc they were customary law.
This case also deal with US Alien Tort Claims Act. |
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Term
| Western Sahara (Advisory Opinion) |
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Definition
General Assembly Resolution
The court releid on a general assembly resolution because it was an extention of the UN charter. |
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Definition
General Assembly Resolution
The court relied on a general assembly resolution. They explained the requirements for ruling according to a resolution.
A general assembly resolution is binding if: Strong Majority and Fair Mix of voters. |
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Term
| Legal Status of Eastern Greenland |
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Definition
Unilateral Statements
The court ruled that even though unilateral statements are not put in writting, they are binding. |
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Unilateral Statements
Unilateral Statements are binding even if the govenment changes. |
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Definition
Interpretation of Treaties
Court said, it not up to states to unilaterally interpret or determine the meaning of treaties. |
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Term
| Fisheries Jurisdiction Case (UK v Iceland) |
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Definition
Rebus Sic Stantibus
This case elucidates that the ICJ has the sole jurisdiction to determine whether a fundamental change in circumstance occured. |
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Rebus Sic Stantibus
The court ruled that the Slovakia's porported fundamental changes where not enough to be rebus sic stantibus. |
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Definition
Rebus Sic Stantibus
The court made a distiction between political and economic treaties. |
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Term
| Tinoco Claims Arbitration (UK v Costa Rica) |
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Definition
Recognition
Court ruled that, "recognition was not required and that sovereignty must be ackknowleged."
The court established that the unrecognized government was a de facto governemnt.
The de facto governemnt's contracts must be honored. |
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Term
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Definition
Recognition
Court said, "even if the government is not recognized, but is maintaining internal peace, its acts are authoritative."
An unrecognized government is still a government. |
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Term
| National Petrochemical v M/T Stolt Sheaf |
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Definition
Regonition
Court ruled that unrecognized governments can have access to courts. |
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Term
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Definition
Territory
This case deals with discovery, occupation, contiguity, and prescription of territory.
The court ruled: 1 discovery without occupation results only in an inchoate (incomplete) claim.
2 This case also established that contiguity has no basis in international law.
3 The court ruled that a while prescription is generally illegal, the passage of time legitimates the action. |
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Term
| Legal Status of Eastern Greenland (Denmark v Norway) |
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Definition
Territory
This case elucidates how important sovereignty is for having title.
In this case the court settled a dispute over title. Sovereignty over the territory was the determining factor. |
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Term
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Definition
Territory
The court ruled that, states can lose the title to territory to prescription if they don't speak up against it. |
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Territory
The ICJ upheld the use of uti possidetis |
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Territory
The court used Condominium in this case.
Condominium means it is shared.
This case is also notable because uti possidetis nor the historic bay concept could solve the matter entirely. |
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