Term
| ex nsg territory: western Sahara |
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Definition
1. formally a Spanish colony
2.listed as nsg in 1963
3.Spain ask for decolonization
4.1975 granted morocco an Mauritania
-war b/w the 2
5.1976 partitioned 2/3 to morocco
6.morocco began to build a sand wall
*the Moroccan wall |
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Term
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Definition
1.very small territory
2.adjoining another state
3.to small to claim independence
-Gibraltar
4-Falkland islands to few people, no legal personality, exception join the neighboring state |
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Term
| ex colonial enclaves: Gibraltar |
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Definition
1. off the tip of Spain
2.owned by Britain by treaty of Utrecht part of the UK
3.Spain wants it but only can get if Britain gives it back because of treaty |
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Term
| non self governing territories |
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Definition
1.geographically separate
2.culturally distinct from administer power
3. subordinate position
-western Sahara |
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Term
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Definition
1. sovereign territory
2.trustee territory
-lon mandate
-un trusteeship
3.colonial enclave
4 terra nullius
5.res communis
6.condominiums
7.leased territory |
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Term
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Definition
1.Illegal
-discovery
-conquest
2. legal
-effective occupation
-cesesion
-prescription
-accretion
6 in total |
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Term
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Definition
1.a response to a discovery mode
-Spain, Portugal, Netherlands
2.occupation must be territory not owned
-turkey's claim on Cyprus invalid
*two elements of effective occupation
1.intent to act as sovereign
2.actual exercise of authority |
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Term
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Definition
-peacefully transfer of territory b/w states
-cannot be coercion- since 1945
1.purchase- Alaska
2.exchange-Israeli and Palestinian
3.gift
4.title by demise
5.treaty ending a war |
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Term
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Definition
| -when law is created it apples from that point on not retroactive |
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Term
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Definition
1.transfer of sovereign territory from one state to the next
2.titled to one state
sovereign territory -->abandonment-->Terra nullis-->sovereign territory
3.without the knowledge of the other state |
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Term
| The principle of estoppel |
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Definition
1. the introduction of evidence in the court of law cannot be retracted
2.application to territorial disputes
3.title goes to the closest state |
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Term
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Definition
*the geographical process by which land forms changes
- by an act of nature
ex:
creation of an island in a river
earthquake-new land |
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Term
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Definition
| major change in land form |
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Term
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Definition
| minor change in land form |
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Term
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Definition
* land constructed by humans not nature
legal aspects:
only littoral ( coastline states) may construct land
-territorial seas, coastal seas
+environmental obligations assumed
ex:venetian islands-Miami,Netherlands
no extension of territorial sea |
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Term
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Definition
Basic rule= state has jurisdiction over everyone in its territory and citizens abroad
State A can sue State B, but must be done in World Court
Citizens can sue State A, but must be done inside State A
Territorial Jurisdiction: state has jurisdiction over everyone in its territory |
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Term
| Non-territorial jurisdiction |
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Definition
broken-down in 4 principles:
1. Protective Principle
2. Nationality Principle
3. Passive Personality Principle
4. Universal Principle |
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Term
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Definition
US may acquire jurisdiction over an action committed outside US if the action affects/damages/compromises us interest. i.e. terrorism- planning attacks even if attack is not o US soil, but against US citizens abroad.
US. V. Rodriguez
Norway vs. Carlie |
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Term
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Definition
enforcement of laws on citizens while abroad.
a. US citizens must respect US laws when traveling
b. even if behavior is legal in the host country
c. each state decides what it will enforce overseas
*American Banana v. United Fruit (indicates US Limits)
+France: torture, terrorism, nuclear smuggling
* normally established by precedent
i.e. Australia: child sex tourism (16yrs and younger) – all Australian citizens are subject to penalties regardless of where the action transpires.
= 20 yrs in prison/ =25 yrs if child under 12 yrs old.
500000 fine (5 mill for a corporation. |
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Term
| Passive Personality Principle |
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Definition
enforce laws against foreigners for actions take abroad that caused harm to US citizens. Ie. Terrorism, drug trafficking, enslavement
* to establish this, you must have material fact and within jurisdiction to enforce this principle.
I.e. Noriega of 1990
- US invaded
- Seized Noriega
- Prosecuted on passive personality. |
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Term
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Definition
principle that says that entire world had jurisdiction of certain crimes (Egra Omnes Offenses) and anyone can prosecute.
i.e. Canada: must prosecute for torture if someone is suspected o torture then they must investigate.
+Belgium’s Laws (example of Universal Principle)
+Warrant Case: Yerodia, ICJ (2002) |
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Term
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Definition
A citizen= national
“an individual born on the soil o fa state of parents who are citizens of that state is a citizen of the state”
Citizenship is a general principal of international law (law in every state, so in automatically in int’l law)
Any other than what’s above is left up to domestic principle. (in USA they use acts of congress and constitution to determine domestic law)
+Nottebolm, ICJ (1955)
+Bobby Fischer |
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Term
| determination of citizenship |
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Definition
jus sole
-us exception children born to foreign heads of state and children born of military occupiers
jus sanguinis
naturalization |
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Term
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Definition
1.children born in the us to illegal immigrants
2.the child's citizenship anchors the parents in the united states |
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Term
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Definition
1.if born in the US:
-citizenship
2. it taken abroad to live
-obligated to come back before 25 to reinstate citizenship
+otherwise must become a naturalize citizen of the US |
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Term
| jurisdiction over armed forces |
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Definition
concurrent jurisdiction
*host state
-unofficial duty- ratione personae
*sending state
-official duty- ratione materiae |
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Term
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Definition
*someone without nationality in any state
-before WWII statelessness was rare
-stateless people have a hard time getting around- traveling internationally
-working in the nation |
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Term
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Definition
international legal obligation
+
violation
*if violate treaty responsible for the action and any damages
=
state responsibility |
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Term
| states are responsible for actions by |
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Definition
1.government
2.government organs and representative
3.citizens empwered by the government
-direct empowerment
-lack of action can be empowered
*state held accountable |
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Term
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Definition
1.objective responsibility
-"risk" theory
no intent necessary
2.subjective responsibility
"fault" theory
intention or negligent conduct |
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Term
| consequence of wrongful act |
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Definition
cessation-guarantee of non repetition
reparation-restitution thru compensation |
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Term
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Definition
1. traditional compensation
2.ex gratia
3.global settlement |
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Term
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Definition
1.satisfaction-official apology, punishment of guilty party
2.non material damage- shame and humiliation , intangible
3.material damages-give money, ex: ship or cargo |
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Term
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Definition
| payment that is made without acknowledgement of responsibility and judicial award |
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Term
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Definition
1. state 1 -->state responsibility
2. affects many citizens of another state
3.state b takes up cause for its citizens
4. state a and b negotiate
5.state a agrees to pay state b for damages to cover all citizens affected (global settlement)
*state b should give money to citizens but not required by international law |
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Term
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Definition
*when violation dont result in state responsibility
1. prior consent to the act
2. lawful act in self defense
3.force majeure- superior force
-beyound contral no state responsibilty
4. distress
5. plea of necessity ;if
-action is only way to safegaurd vital intrest |
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Term
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Definition
| exile government gave consent - US militery to go to haiti |
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Term
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Definition
| Israeli attack by Egypt- Israeli have the right to attack |
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Term
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Definition
*an act beyond the control of the state -releasing ti from responsibility
"superior force"
three test:
1. externality
-claimant had nothing to do with the event's happens
2.unpredictability
-event could not be foreseen
3.irresitability
-the consequence of the event must not be preventable |
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Term
| state responsibility and individuals |
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Definition
*state my be responsible for the actions of one of its citizens
1. and individual acting on behalf of the state
-Carolin, rainbow warrior
2.the action should have been prevented
Rosa gebtrunk, home missionary
3.the stat failed to provide local remedy
-be chatten |
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Term
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Definition
| in the event of and incident like the Rosa case- have to sign a document stating that u can not have your native court sue the country u have to do it with in their civil courts |
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Term
| state responsibility for alien property |
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Definition
*every state has the right for exploration
-eminent domain
*ius gentium
1.respect for private property
2. allow expropriation
- no distinction between foreign and domestic unless property own by a foreign country |
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Term
| forerign private property |
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Definition
1. taking must be by forerign state
2. property must be recognized by the state of which the foreign owned are citizens
4.taking cannot violate a treaty
5.compensation must be paid to individual
6.no discrimination must be shown |
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