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| Fishing vessels are not capturable as prizes of war - international custom and there was no positive US law to the contrary |
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| Politically motivated torture in Paraguay, US has Alien tort jurisdiction because torture is against international law and fundamental right not to be tortured |
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| Mass made a statute involving Burma's foreign affairs - Preemption, Constitution blocks state laws on foreign affairs |
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| French & Turkish ship collide, France tried to hold captain criminally responsible in their court. says that Sovereign states may act in any way they wish so long as they do not contravene an explicit prohibition. |
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| Colombia v. Peru - You can have a regional custom but must show state practice and opinio juris. Must prove custom exists so it is binding on both parties. Colombia failed. |
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| Prohibition on torture - preemptory norm |
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| Japanese pawn broker - due to supremacy clause a treaty will trump a local ordinance |
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| Spanish resident fighting over land post Louisiana Purchase - Treaty is law of the land because of Supremacy clause |
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| Startes are free to reject customary laws by passing contrary laws |
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| No additional action needed by legislature and gets direct application by the court |
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| Migratory Bird Treaty vs. 10th Amendment - Treaty is Supreme law of the land but cannot contradict the Constitution - Balancing test |
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| Legal Status of Eastern Greenland |
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| Land swap with Norway, If an authorized minister makes an agreement acting in his role, it can be binding on the country. |
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| Treaty formation, when a country makes a reservation and no one else agreed to it, the other countries can consider that country not a party to the treaty but can still be held to parts of the treaty that were not reserved. |
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| Eastern Airlines v. Floyd |
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| International air carrier liability to passenders - is IIED a physical injury? Covered by Warsaw Conv. and didn't allow recovery |
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| Gabcikovo-Nagymaros Project |
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| Czech Rep and Hunary claimed the other breached a treaty to build lock & dam system - treaty was still in force, both breached |
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| Construction of a Wall Case |
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| Legal consequences of Israel's building of a wall, human rights treaties continue to operate during conflict, right to life applies, self-determination |
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| Quebec tried to leave Canada, couldn't secede, exercise self-determination within the borders of their country |
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| Liechtenstein not entitled to protect their citizen because he must be genuinely attached to the state. Although they still have the right to determine their citizens. |
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| Duty free sugar imports, if there are conflicting treaties, last-in-time prevails |
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| Texas execution of Mexican national, even if an international treaty may constitute an international commitment, it is not binding domestic law unless Congress has enacted statutes implementing it or unless the treaty itself is "self-executing." Also, the Court held that decisions of the International Court of Justice are not binding domestic law and that, without authority from the United States Congress or the Constitution, the President of the United States lacks the power to enforce international treaties or decisions of the International Court of Justice. |
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| Soviet money in US banks, executive orders = treaties, executive speaks as the sole organ of government |
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| Congress tried to give the President authority over criminal actions against companies (this company helped with war in Bolivia). Executive has powers over foreign affairs |
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| Respublica v. De Longchamps |
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| French citizen in Penn threatens French Ambassador - law of the nations are part of the US |
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| US statutes should be read to comply with international law to the extent possible |
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| Green Peace Boat sunk, dispute New Zealand v. France, If a state sends its agents abroad to commit illegal acts, the state needs to take responsibility for the act and compensate. Agents have immunity from local courts. |
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| Belgium trying to protect it's shareholders in a Canadian Co. that is being harmed by Spain. For one state to bring suit against the other for business, state of incorp can seek diplomatic protection of the state. |
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| Tinoco regime entered into contract with GB, they sued to enforce K when regimes changed, states is bound by obligations of former government - probably not the result today |
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| Autocephalous Greek Orthodox |
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Definition
| Art dealer in US buys stolen art from Northern Cyprus, US courts don't recognize the government of Northern Cyprus, if state doesn't recognize a government they don't have to bring a claim |
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| US legislation is territorial absent a clear statement to the contrary |
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| US cartel over aluminum production, US courts have jurisdiction over acts abroad if those acts have an effect on the territorial juris. of the US |
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| US citizen in Paris found guilty for not responding to subpoenas when he was out of country, US courts can have power over people outside of the country if they are citizens |
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| Abduction doesn't violate provisions of extradition treaty when it doesn't specifically say it would be a violation |
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| Iranian hostage situation - Iran breached for not helping, US breached for going against sovereignty and not going in - laws of diplomatic immunity could not be violated by Iran regardless of circumstances |
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| Long standing executive power to settle claims without the advice and consent of the senate |
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| Pinochet went to Britain, Spain tried to get jurisdiction for Torture, torture was no head of state immunity, Spain could have universality power |
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| American Banana v. United Fruit |
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| Do US anti-trust laws apply to activities in Panama and Costa Rice - if an act is lawful or not needs to be determined by country where act is done |
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| Oil tanker tugged to Italy, damaged and towed to Florida, US filed suit here - German corp. asked for enforcement of a forum selection clase - forum selection clause upheld because it was a freely negotiated private international agreement |
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| Drunk Danish Seamen on ship, Danish or international negligence, look at place of act, law of flag, domicile of injured, allegiance of shipowner, place of contract, access to foreign forum, law of forum |
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| Timberland Lumber Co. v. BOA |
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Definition
| Antitrust Case brought in US, dismissed for lack of SMJ since acts occurred out of the US On remand, the Court looked at the three-part test, and found that there was not enough to claim jurisdiction. So the case was dismissed. The purpose of the conspiracy was to effect Honduran commerce, not US commerce. The conspiracy had a negligible effect on US commerce. There were conflicts with Honduran law. |
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Spain (discovery) or Dutch (administration) or US (Treaty with Spain) owned island?
Firstly, title based on contiguity has no standing in international law.
Secondly, title by discovery is only an inchoate title.
Finally, if another sovereign begins to exercise continuous and actual sovereignty, (and the arbitrator required that the claim had to be open and public and with good title), and the discoverer does not contest this claim, the claim by the sovereign that exercises authority is greater than a title based on mere discovery. |
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| Prosecution of Nazis, court got ex post facto law enforcement judgment, court looked to past agreements between parties |
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Prohibiting speech from interfering with a class action settlement - though prescribed by law and for the purpose of
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maintaining the authority of the judiciary, the restriction was not justified by a'pressing social need' and could not therefore be regarded as 'necessary' withinthe meaning of Article 10 |
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| German national kills in Virginia, flees to UK & is caught, UK refuses to turn over unless guarantee death penalty won't be used, if you turn someone over and they will be tortured, you will be equally responsible |
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| Rules that govern when it is permissible to initiate an attach |
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| Rules that govern behavior before war, international humanitarian law |
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| Non-illegal use of retalitory measures in response to actions that are regarded as hostile |
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| Illegal act taken as a measure of self-help in response to a prior illegal act |
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| The US was not entitled to come to the defense of El Salvador, Honduras & Costa Rice because it had not been requested to do so |
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| Portugal & Germany fight in Namibia - reprisal - three Germans killed on the border, Germany carried out a raid on Naulilaa destroyed property in retaliation - before a reprisal can occur: had to be a previous act that violated international law, reprisals had to be preceded by an unsatisfied demand for reparation, proportionality between offense and reprisal |
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| Canadian Revolution near New York, "anticipatory self defense" may be justified if necessity of defense is instant and no choice of means, imminent danger |
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| British war ship de-mined area in Angola, Angola could not lay mines in strait because it could be used for innocent passage, Britain cannot sweep it since it was not innocent passage |
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| Fisheries Jurisdiction Case |
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| Iceland tried to keep England out of its fishing waters, if it's in economic zone right to regulate, Iceland had preferential rights but cannot complete exclude other ships, states have rights outside of territorial sea |
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| French-Canada agreement on fishing, France fileting fish in Canada's exclusive economic zone, Canada had a right to regulate in EEZ |
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| North Sea Continental Shelf Case |
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| Denmark/Netherlands & Germany fighting over territorial water, try to set a method to split, equity doesn't imply equality, does not require a state without access to the sea to have a piece of the shelf |
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| France & UK fighting about which ships France could flag |
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| German merchant ship struck British vessel less than 3 miles from coast, could British court could try for criminal offense, Only have crim jurisdiction if it is security or defense purpose |
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| When ship is in port who controls activities? Onboard behavior taken care of by flagship state, |
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| Genuine links test, a state must have a genuine link to a ship in order for a state to confer nationality upon it |
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