Term
| Reparations for Injuries Suffered in the Service of the UN |
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Definition
Legal International Organizations
The court ruled that if an international organization has legal personality, it can bring a claim before the ICJ |
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Term
| Mavromatis Palestine Concessions (Greece v UK) |
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Definition
Legal Status of Individuals
This case established that states have the right to represent their nationals in international courts. |
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Legal Status of Individuals
The court ruled that if a person is just following orders and it is not obviously illegal, then the person is not held responsible. |
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Term
| Extradition of John Demjanjuk |
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Definition
Extradition
The court used the concept of Universal Jurisdiction. |
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Term
| Nottenbohm (Lichtenstein v Guatemala) |
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Definition
Nationality
The court established that nationality requires a genuine connection between the individual and the state |
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Definition
Nationality
The court elucidates the importance of living in the state in which you are claiming nationality. |
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Term
| Barcelona Traction (Belgium v Spain) |
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Definition
Nationality
Cour said: if the the country of your effective nationality unjustly avoids fulfilling their responsibility to represent you in international court this is known as a violation of an obligation erga omnes (required of all states).
The court also established Acto Populares: this is the name given when a state prosecutes another state for failing to fulfill its obligations erga omnes. |
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Definition
Territorial Jurisdiction
Th court ruled: a country's laws can have an extra territorial effect if the actions are intended to have some affect within the home country. |
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Nationality Principle
Court ruled that nationals living in other countries are still subject to to penalty for violating US law. |
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Definition
Passive Personality Principle
A state is allowed to exercise jurisdiction over offenses committed against its nationals abroad regardless of the nationality of the perpetrator or where it took place. |
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Overlapping Juridiction
In this case, it was deemed that in the case of conflicting laws, those of the US must be adhered to. |
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Definition
Extradition
This case is an example where double criminality was an issue. |
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Definition
Extradition
This case deals with the issue of kidnapping and extradition. |
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