Term
| Pacquette Habana and the Lola |
|
Definition
1900 -Two spanish fishing ships off the coast of cuba. US seized the ships and fish and prizes of war, owners upset - customary law not to interrupt fishing during war.
Lower court - only commity
SC- no, ancient custom, since never repudiated binding on us too.
1907 codified in Geneva Treaties |
|
|
Term
|
Definition
In 1871 Italian living in Venuzela had store taken and was arrested. Bring case 30 years later to arbitration panel. Venuzala; 'Too late man - statue of limitations'
Italy: 'But that's in domestic cases!'
Court: ' Nope sorry italy, general principal. Found in codes of law all over. Civil cases have a "shelf-life" of 5-10 years.'
If done all over world = more than just domestic law. |
|
|
Term
|
Definition
| If I'm a State and you're a state then what you do inside your own country, or what your citizens do on your behalf outside your state is your business not mine. (First part extended to de facto gov as matter of commity) |
|
|
Term
|
Definition
Recognized countries have access to other countries courts and unrecognized get as matter of commity |
|
|
Term
Hierarchy of Power between Treaty, Constitution, Law, and Executive Agreement |
|
Definition
Constitution
Treaties
Federal Law or State Law
Executive Agreement |
|
|
Term
|
Definition
States occupy within their part of the world; they enjoy sovereignty - jurisdiction over their own territory, the people in their territory, visiting aliens, its adjacent water. Have right to hear cases realting to those catergories. |
|
|
Term
|
Definition
A change in a river's course |
|
|
Term
|
Definition
| Land belongs to country as does surrounding water. High seas and outer space open to all. So was airspace until WWII, when Netehrlands was getting wrecked even though "neutral". |
|
|
Term
|
Definition
Citizen because of where born |
|
|
Term
|
Definition
Citizen because of parent |
|
|
Term
US ex rel Schwartzkpoh vs. Uhl |
|
Definition
Jew who was born in Prague in 1886 which became Chzechslovokia (1918), then became german citizen (1925), runs to Austria (1933), runs to US as Chzek. 1938 Austria taken over by germany 1939 applies for US citizenship. 1947 Pearl harbor attack - US enters war. US arrests Jew as suspicious enemy.
Lawyer: Germans said jews can't be citizens
US says: we don't recognize that racist law
Goes to court. They say he has fled Germany twice, and applied for citizenship in US, clearly eh repudiated their citizenship. They let him go. |
|
|
Term
|
Definition
Countries can choose not to recognize other countries rules of nationalization.
(Nottebaum became lichtenstein citizen suspicously at last second.) |
|
|
Term
Italy vs. Peru (Canavarro) |
|
Definition
Raphael Cannabara born in Peru
Jus soli country but was born by itailian parents which has jus sanguinis
Lives life in Peru. Have some claims against government, goes to Italy . Sue for me.
Thrown out. "dual" citizens don't count |
|
|
Term
|
Definition
Chandler = American-german citizen who made broadcasts in America for the Nazis. Was arrested and it was legal because
Just cuz citizen of two countries does not give you right to commit treason against either. |
|
|
Term
|
Definition
| Dual Japanese-american drafted on Japanese side of war. Still considered enemy (even though otehrwise would have died) because treated prisoners of war cruelly. Showed where true loyalties were. |
|
|
Term
|
Definition
| anywhere! (unless they were commiting piracy as part of act of state doctrine) |
|
|
Term
|
Definition
When passed Prohibition - Ballstead act - had following clause:
"American cruise companies can leave port with sealed stores of alcohol which they could serve on highseas ."
Conrad (big cruise british cruise company) sues Secretary of State. Not fair! US flag still if its illegal its illegal, plus they're killing us on profits back to england.
Court: Only symbolic territory. And tough of the profits.
UK, french, italy: Then you can't sail into our ports. Liquor Treaties allows them to sail out with sealed containers and let US board to search for illegal alcohol |
|
|
Term
Difference between Immunities and Exemption |
|
Definition
Immunity - Law should apply, but can't do anything to enforce it
Exemption - you don't have to keep the law |
|
|
Term
Breizzi Brothers vs. SS Pesaro -1926 |
|
Definition
BB - US citizens
Pesaro - is government owned and run Italy corp.
(20th century government runs different things in different countries)
BB hired to ship olive oil. Oil ruined. BB go to court in philidelphia. Italy says a government ship, we're immune.
Lower court throws out because immunity. SC says wait a min, immunities are granted by granting party. Don't assume you automatically get immunity. But we will grant immunity, respect their trading things, so they will respect our functions of government.
|
|
|
Term
Shorner Exchange vs. McFaddon 1817 -
|
|
Definition
US ship stolen and bought by french. Enters Philidelphia in distress. SC court says it cannot be taken back despite shady origins because:
What belongs to the gov is an extension of the gov. |
|
|
Term
|
Definition
| Switches US to Restrictive understanding of immunity. Meaning the lowest common denominator will be protected. |
|
|
Term
NY and Cuba Mail vs. Korea |
|
Definition
| Korea hires US company to feed their starving ppl. Korean workers damage boat when taking packages off. US company goes to court to seize Korean assets but assests are immune! |
|
|
Term
|
Definition
Chinese railway corp deposits $200,000 in NY bank. Come to reclaim. Citybank says government of china, of which you are an entity, they owe us 1.6 million dollars that we lent to them. China government on behalf of corp filed suit for 200,000.
Citibank slaps counter argument.
China says we're an immune country - you can't sue us we're a country you're a corp.
Court: Once a country enters into our courts on behalf of their corp then have to follow our law, can be sued too. (If US government would grant immunity then would be immune, but since didn't not immune). |
|
|
Term
|
Definition
Teacher Mrs. Kasenkina, who is a Russian national, who is sent to teach in consulate, school closed in 1948. July - So Mrs. K was expected to return. She refused, sought refuge in summer camp for White Russians. The USSR county general of consulate gets her out of camp and to consulate. August - White russians say she was kidnapped. Court issues writ ordering that USSR let her come say what she wants in court. But USSR consulate have immunity can't be forced to bring her to court. US government asked court not to issue deadline. Court promptly issues a deadline. (basically ignored government)
Breaks into big story. No one shows up at court. She jumps (is pushed?) out of third story window. Police rush in, get her to hospital and search consulate and Q people.
USSR says we're inviolate! US says consulates are only inviolate by treaty or commity! No treaty and we're sure not giving you commity! Sec of state says USSR claims against police false and declare him (consulate general) persona non-grata.USSR says we're closing our consulates in US (san fransisco and NYC), and we're throwing yours out! Until 1965 no consulates - when made treaty on complete and total immunity for consulates.
Immunity is a matter of commity (unless codified) and countries give to each other in equal measure.
|
|
|
Term
|
Definition
Exempt from US law if done in official capcity. If granted diplomatic status = totally immune. |
|
|
Term
How do states have to treat aliens? |
|
Definition
States must grant aliens whatever protection they say they will. |
|
|
Term
Mauromattis Palestine Concessions |
|
Definition
Palestine is part of Ottoman empire and Ottoman granted concessions. Man was a greek citizen, had several lucrative concessions in Palestine.
British 1925 -have mandate from LN over Palestine. Said these are ottoman concessions! We don't have to recognize them. We didn't make a treaty to recognize concessions.Greece says we'lll take you to world court.
B: But this isn't a fight between countries - it's just your citizen…
G: we decide when to defend to our people
Court: How when a nation intercedes on behalf of its national is up to that nation |
|
|
Term
|
Definition
Guatemala gave US Citizen concessions and then nullified concessions.
Go to arbitration.
US: G acting capricious
G:We're allowed to! No law that says we can't
Arbitrator: There are minimal international standards. Can't do something anomalous, so you must honor the concessions |
|
|
Term
|
Definition
Chattin is US citizen working for Mexico rail company. Accused of embezzling funds. Brought before court - no lawyer. Proceedings in spanish - which he doesn't fully understand. Sentenced to 2 years in prison. Escaped in jail break. 15 years later US brings case on his behalf - he did not get fair trial and had horrible treatment in jail. We want 50,000 for his false arrest and bad treatment.
Mexico - this guy is a fugitive from justice! Had a mexican trial and mexican interment.
Court: US has right to decide who can sue for.
His arrest was no diff than anyone else - they filed legitly. His prison treatment was standard. BUT everyone under Mexican constitution entitled to fair trial and his was not.
States must treat aliens as they say they will.
|
|
|
Term
|
Definition
| During this period in Mexico-there was a raft crossing btwn the US and Mexico full of Mexican, they said they were going back to Mexico to get medical treatment. An American patrolman shot at them to get them to stop cuz they were illegal aliens and accidentally killed someone. A court marshal dismissed him from service because he couldn’t shoot at unarmed people, no matter who. The president then overturned the court marshall and pardoned him because there was different opinions as to where the raft was (may have been in American waters) and why ruin a guys career for killing a Mexican kid. Mexico sues for a wrongful killing and because the US was in denial of justice-because they didn’t punish him they are sending a message. The panel said that there is an international standard of killing. The US didn’t have a denial of justice because it wasen’t so crazy, it was debatable-the president had a basis. Because the guy did use firearms recklessly the US had to pay $2,000. |
|
|
Term
|
Definition
Some 40 people were arrested and held on charges held in room 35 ft by 20 ft. Held in this room for number of weeks in terrible conditions. People got sick and some even died.
Case - these people were treated so much worse than everyone else. So they had to pay a lot of money.
Again, aliens must be treated as they say they will be treated. |
|
|
Term
|
Definition
Mallen - Mexican Council General in El Paso, Texas. Not full immunity, but entitled to certain lvl of protection.
Deputy Sheriff Franco sees Mallen and doesn't like. Slap and threatened him. Mallen complains to mexico. Brings to El Paso court. Court fines him $5. Reinstated a couple days later. Franco on streetcar, arrests and attacks Mallen, beats him half to death. Mexico complains again. Court fines him $100. He refuses to pay.
Comes to Arbitration. Voted lack of protection and denial of justice. US gave $18,000 |
|
|
Term
Lynching of Italians in New Orleans - 1891 |
|
Definition
The Police Chief is murdered. Rumors blame it on the Mafia and all italians associated by birth with mafia.
3 Italians arrested + 8 American -Italians. First 3 are acquitted and people go crazy. Break into jail and kill all 11.
Italian government files vehement protest. US government apologizes and pays substantial amount to 3 Italian families.
International Law creates respect that regulr law doesn't |
|
|
Term
US (rosa gelbtrunk) vs. El Salvador |
|
Definition
Gelbtrunk's merchandise stolen during El Salvaldorian rebellion. Asked Us to get merchandise back after over. Not given because visitors must settle for same protection as citizens of country, not official, not diplomat and not official action.
If you are in a country for personal reasons and not act of government the can't sue.
The price you pay for doing business in a country of El Salvador is that there may be a riot and ensuing damage |
|
|
Term
|
Definition
Two German orphans sons of anon soldiers brought to US; tossed through foster system. 1982 kill someone sent to jail without knowing that should have let consulate know. ("Counsel officials shall have the right to visit their nationals in prison, custody or detention to converse with him and to arrange for legal representation.")
Somehow while on death row they find out about VC. German's rush to save them.
Arizona: The failure of the brothers or their attorney to raise it before makes them not able to. German counsel appeals. Ignored and Karl is executed. Germans rush to World Court and ask if can wait. President asked for delay. Arizona doesn't listen-says awful crime kills.
This only would have been okay if it wouldn’t override is if its exutory over self executing-if executor it would only count once the US made a law.The court throws it out and says its self executing and the US was in breach of its international obligations.We had to pay Germany. |
|
|
Term
|
Definition
Britian owns Sierra Leone, American missionaries come and get eaten by canibbals. US: brit why no protect us?
Brit: Risk you take when you go to place like Seirra Leone
State is not responsible for your stupid mistakes! |
|
|
Term
|
Definition
Tatler Ship owned by American, confiscated in an area where the fishing areas of Canada and America are is conflict over who can fish where-they could go to court but by that time the fish would go bad. The Canadians said you can have the fish if you waive your right to sue. The US said you are not allowed to waive your countries right to sue because the country is suing on behalf of the principal.
It went to tribunal-who agreed that you cannot waive your countries right to sue.
Most governments are not collection agencies-they don’t get involved in civil suits but they can intervene whenever they want except if you had an opportunity at fair justice didn’t try to achieve it.
|
|
|
Term
|
Definition
Calvo was an Argentinean jurist/legislator.
LA countries started to use clause. Full access to our courts, but waive right for state to intervene. Became the price of doing business in LA. |
|
|
Term
|
Definition
Punish country short of violence. |
|
|
Term
|
Definition
Punish country with action/violence. |
|
|
Term
|
Definition
Samoza government was pro-USA. Then that government was overthrown by Sandista (marxist rebels) 1979. Sandistas became new government. Then Samozas turn themselves into rebel group. (The Contras).
USA gives funds to help with efforts. Then US then does something: drastic blows up ports, mines, etc. Sandistas sending money to rebel groups all over the place.
Nicaragua (sandistas) demands they go to court. Public opinion and congress (D&R) was totally annoyed at government for having done this, so President Regan says we'll go to court. Regan looks for way out. 'Nicaragua you don't have optional clause. Are you sure you want to?'
N: Yeah sure. We don't care.
WC: When is armed force allowed?
Self-defense, or when UN allows/sanctions.
Was US doing self-defense or UN work?
No.
Well, what is aggression anyways?
Use of force without above reasons. Sending money to aggression is aggression. Sending money to aggression against friend is not aggression. |
|
|
Term
Naulilaa Incident Arbitration - Portugal vs. Germany |
|
Definition
1918 - Portugal was neutral. German officials crossed into Angola (Portuguese colony) to speak to Portuguese, went to talk about civil topics (about peaceful food talks). But during conversation was misunderstanding, bridle of German horse taken. German slaps Portuguese and draws gun. Portuguese freak and kill 3 Germans and imprison 2. German hears and order reprisal. Blew up a lot of ports and a couple forts. Portugal enters war against germany. P made claims post war against germany - to 3 swedish officials as arbitration. Court Q:Was this legal? Was this proportionate?
No and no. Because : legal reprisal is act of self-help on the art of injured state (self-defense).
- Have to ask them for reparations (make effort to achieve justice before shoot).
- Only allowed if been a violation of IL.
- Must be proportionate
|
|
|
Term
|
Definition
| Landing and Claiming wins over citing and reporting with discovery. |
|
|
Term
| Hierarchy of Jurisdiction |
|
Definition
Prescription
Self-Determination
Discovery
Contiguity
Conquest/Purchasing |
|
|
Term
|
Definition
Spain ceded the Philipenes (including island of palmas to US), but theyw eren't ruling it and netherlands has map claiming it as their own. US claimed closer to us.
Who's is it?
Perspection/Self-Determination goes over discovery or contiguity and so Dutch win. |
|
|
Term
|
Definition
Terra Nullis - land was empty
Spanish claim was conquest and discovery, and put a couple soldiers, argentina claimed contiguity, and brit claimed self-determination.
Never went to court but brits there now, so self-determination won by de facto. |
|
|
Term
|
Definition
Polar areas - who owns?
Who ever is under or explores.
|
|
|
Term
|
Definition
Rio Grande has an avulsion, b-t mexico and US. Didn't want to go to arbitration so brought prince and bought off with money. |
|
|
Term
|
Definition
Border goes up to river and both can use river peacefully. |
|
|
Term
|
Definition
Territory leased, usually forever, in another country.
1) Panama Canal
2) Guatonamo |
|
|
Term
|
Definition
British ship in French Waters with American sailing it, who kills someone and get arrested.
Wherever great ships go is the extension of the flag of the ship's jurisdiction.
National jurisdiction on the high seas is by flag. |
|
|
Term
|
Definition
| British man on British ship sailing from Chilie, he has prisoner and he treats horribly and Britian arrests, cuz bound on ship by state's law. |
|
|
Term
|
Definition
American sailor and ship in congo, murders someone and America arrests and indites him.
Even if anchored up river still on state's law. |
|
|
Term
|
Definition
American citizen arrested in British waters by Ameircan. Bad cuz need to be passive in other ppls waters. No boarding from one ship to the other. |
|
|
Term
|
Definition
Belgium national and ship harbored in NJ, plus a treaty with Belgium.
Flag counts unless modified by treaty. Which this was, cuz disturbing peace. |
|
|
Term
Exceptions to Innocent Passage |
|
Definition
Crime
Request
Aircraft
Treaty |
|
|
Term
|
Definition
Took place during probhibition. Liquor Treaties.
I'm Alone =Candian registered ship, in hour distance &hovering. Hot pursuit, but first ship gun jammed so second ship continued, shot and sunk it but outside of limits for searching.
Could chase and board but couldn't sink.
Q of Hot pursuit. |
|
|
Term
|
Definition
1) can start hot pursuit only in area where you can arrest
2) must be continuous
3) cannot deliberately sink |
|
|
Term
|
Definition
| Mazel Tov = Canadian ship hovering outside MA and they took its liquor. There was a legislation thats says they can inspect up to 4 leagues whihc is 12 miles and Mazel Tov was out 11 and 1/2 miles. vs. Liquor Treaty says within hour which for MT would have been 10 miles. So liquor tTreay wins out over legislation. |
|
|
Term
|
Definition
| The dirt from mountains created shelf in ocean, and countries wanted to claim for resources, now have 200 mile contigous zone with exclusive rights to minerals and oil. |
|
|
Term
|
Definition
| Peruvian gov owned a boat and leased for private use, we granted immunities as a matter of commity. |
|
|
Term
Louisville Kentucky Tabacco Tax |
|
Definition
| Lousiville creates municipal tabacco tax, italy says its tabacco gov monoply should be immune. Court says it's a service/ excise tax and th4 not immune. |
|
|
Term
Patterson NJ railway Car Tax |
|
Definition
| Created property tax and Russians protest, and NJ wins cuz it was a service tax. |
|
|
Term
French Republic vs. Board of Jefferson County |
|
Definition
| The French gov had monoply on tabacco, jefferson county has tax in land. (pre-tate so ) gov says french giv allowed to determine own public purposes. |
|
|
Term
|
Definition
| Deseyes is french ambassdor to Bolivia and Brrgmqn knew would be flying to Bolivis through US, so wanted to arrest when stop over in America. Techinically could have but we didn't let cuz we don't want that to happen to our officials. |
|
|
Term
|
Definition
us sued panama bec it claimed it owed damages to noyes-he was driving in panama and drove into a car and was smashed and cut and then policeman helped him out and the crowd pushed him into a ditch and the general helped him out.
they made a good faith effort/arent responsible. |
|
|
Term
| Avena and other mexcian nationals |
|
Definition
mexicans in US prison, not told they can see mexican coucil. president tells them to review all the cases. mexcan charged with brutal murders taken to supreme court, they say president cannot override state.
The USs position on our international obligations-its different then rest of the worlds picture. |
|
|
