International Law Exam 2

International Organization

• an organization created by nation states

• The organization has an international personality and becomes an active actor who is bound by international law

Formation

• Constitutive Treaty- creates international personality and establishes institutions establishes obligation / what it is supposed to do

role

Collective security - organization attempts to promote peace with responding to violence any form of aggression will not be tolerated

each organization has their own role and goal

Non-Governmental Organization

• interest group but national

• the church or Greenpeace

• No agreed definition but usually need to be active in at least 2 more countries

Multinational Cooperation

• operations in 2 or more nation states

• Operations with a tremendous impact on law

• extreme influential

European Union

• unique entity, acts like a nation state however is a nd international gov. org.

• evolve from ww2

• European coal and steel community - France, Germany, Italy, Belgium, the Netherlands, and Luxembourg. Wanted to have the coal and steel production of military equipment a singular economy to prevent Germany from overtaking again.

• Euratom - Stop Germany from having nucular energy so Germany is not building weapons

• European ecnomic community - money ingrate everyoned economy so no one could afford to go to work - free trade

• European Comunity

• Single European Act - Joins pior organizations to one ot the EC

  • ATP everything is econmic not poetical

    Maastricht treaty - transformes EC to the EU

  • handing over decisions to an intergovernmental org that have usually only be handled by national sates

  • Treaty of Lisbon

    Democratizing of the European union

    has a democratically elected legislature by the people

  • make it act llike a natiom state

  • 81 + 86 poor country for poltical purpose

  • post cold war exclidions

United nations

• penical and most influential and powerful

• Membership - 193 countries since 2011. Includes all major nations, excluding disputed territories and special entities.

  Goal

• Prevent large scale wars - peace and security

• mantain polticial coperation

• social humanitarian and cultural cooperation

  General Assembly

• 1 country 1 vote

• for budget, security, concile, elections, and peace and security - 2/3 vote is needed

• For other issues - simple majority

• binding reslutons must be followed if you want to stay in the UN

  Security Council

• China U.S Russia Brittan and France (veto power nations )

• the other 10 nations rotate and are elcted by tht general assembly

WTO

• primary Institution

• enrole on GATT general agrement trade and tariffs

• want to prevent trade wars

• wanted free trade but had many loopholes

  rounds- negotations to expan GATT and free trade

Established Nationality

• detects how you travel about the international system

• people ships planes and companies have nationallity

• flagged vessel countries flag countires rules

• companiess liek to flie the country with the leat abot of regulations

Statelessness

Stein worth v Watkins

1. renuntion of citzenship

   Davis v Distant Director of immigration

2. voting in a forgein election

3. sersvice in forgein aremd services

   Marks vs Esperdy

4. Treason

Territorial Jurisdiction

• allocating od legal comptence

• linked to the concept of sovereignty

• subjective territoral principle - crime within the border effect outside

• Objective territorial principle - crome begins outside the border effect inside

• posession is very important

  Internationa waters

• flag = rules

• the country on the boat can charge

Nationality Principle

• regulates activity outside the teroiry of a nation by it national ex: portedo act od 2003 no sex with minors

Protective principle

non national, all elemnts outside manfacuturing

non- national

all elements occur outsied terrotorial jurisdiction

Bob Dylan and French hate speech - famous singer commited hate speach in a interviw which was shown in france he was then in trouble for that fact

allows a state to prosecute crimes commited outside its territory by non nationas if those creimes are deemeed to harm the states escurtiy ot other vital assets.

Passive Personality Principle

crimes by non nationals agianst nationals outside the teroityr of a nation

• not widely accepted

• kidnaping versus extradition

  allows state to claim jurisdiction to prosecute a foreign national for crimes committed abroad that affect its own citizens

Universal Principle

anyone can proscute anuone due to crimes

not univeral accepted and privacy only accepted in case of priracy

Injury to Aliens

untentionitly wrongful act

not a legal action

action or omission

governed by international Law

Extradition

Process : specify offense, Soecialty principle, Extractble person, Soering case,

Death penatiy - usually do not extrac to staes with ethe death penaty because they do not have to follow any promises.

Political Offenses

• not a domestic

• crime trying to take control of the government

  Ex: Castoni Swiss man in the context of a poltical uprising he shot and kills a swiss guard and claimed not to commit murder instead political offense

• over act- not esponige or hidden activiry it has to be out in the opean

• has to be done in support of polticail uprising

• aimed at security control

• Anarchy is not a applyable because there has sto be a govermetn

• if defined as terrosim not a valid uprising

• war crimes carry more credence than a poltical offense

• can be a claim for asylum

Asylum

• International and domestic offense

• toool which allows people to legally move to another country base on the treatment theey havae or excpect to reciveve in their country

  Claims : polltical offense, overturend gov as a polotician, Human right voilation, Expectaion of unfair treatment.

• The refuage act of 1980 - established a procedure for aliens to seek asylum

• Illegal immigration reform and immigration responability act - imposed stricter requiments and procedures and increased pentaies of those who oversstayed their visas

• If they have a non poltical crime ( any normal crime ) they can not apply for asylum

State Responsibility

• Claims 

  • Nationality 

    • To have a claim the individual claiming the claim about injury has to have that nation states nationality

      • For example the US CANNOT file a claim for the injured if they are canadian  

  • Local remedies 

    • The individual has to already exhausted the claim in the country in which they got injured at, that they already went to the courts in that country and tried to file the claim

  • Non waiver 

    • The nation state has to NOT have a waiver in place, nation states in treaties wave claims then they can't make a claim in your behalf 

  • Timely 

    • The claim has to be timely, you can't go back years and years to claim a claim

Calvo Doctrine

asserts that foreigners in a country should receive the same treatment as nationals, and that foreign governments should not intervene in the internal affairs of other states, especially for debt collection. 

If you have an issue, you will resolve it in domestic courts and will not seek your country's support in resolving the claim. The problem is the individual you cant exert your countries help the claim belongs to the country therefore the country can calim for your behalveeven if you do not want to therefore it is very limited

Diplomatic Immunity

• immune from domesticc prosecution the diplomat / family

• Pernonal Invioble - cannot not be detained or charged with a crime

• Persona Non Grata - person must leave and can no longer stay in the country

• The dimpmates country can wave their diplomatic immunity

Embassy versus Consulate

Green Peace Example

The Rainbow warrior

Portugal - death of the journalist

new zeland - bomb

Swiss couple (spies ) - frgulate papers

UN Arbitration

13 million to Nz and 8 to Geeepeasce

in return of thier agents

NZ vs. France - nothing came out of it because france did not want anything

injury to alien in third party state

United States v. Wong Kim Ark

Wong Kim Ark was born to Chinese nationals but was born in the US - he left and when he wanted to be admitted back into the US they denied his reentry. However because he was a US natural born citizen he was alloed back into the country becasue of naturalization.

Inglis V. Trustees of sailor’s snug Harbor

A rich man dies without enheartens and was going to donate all his money to a retirement home however a distant relative claims that money should be his. However New your states that you must be a US citzen to recive money, However he was born in the Us and then moved to britian and then to canda Howverer because of his transfer of territry he never claimed to be or acted like a US citzen and never establised papers for his US dnationality therefore he is disafrming his citzen - no money for him

Davis V District Director of immigration

“world citizen”

To renounce your citenzship you must go to a frogein constulate and renounce david did this and claimed to be a citzen of the world however he tried t go back to ameriac anad the u.s denied him arrested him and hadno where to leegaly reside because he was an illegal immigrant of the world.

Marks V Esperdy

Mark is in Cuba and is forced to become part of the cuban milita he becomes a high ranking officer even running a prison at one point, The milita becomes the actual government and after that mark stays for a little and then leaves however the united states does not take him back because he had served in a frogein armed services even if he was forced to concent does not matter. Af

Afroyim v Rush

Afroyim voted in and iseral election without knowing that, that would renounce his American citzenship he tried to come back to Amercia howeevr in this rulling the court ruled that consent reallly deos matter so in eality it all depends ton the countries relation to amwrica and severity of the crime.

United States v. John Demjanjuk

John applied to legally come into the country and then became a naturlized citzen however allegations were raised agianst him of being a highranking nazi general, they were trying to see if he lied on any part of his application. You can losse your nationlaity after naturalization if you lied on your application.

ReImmigration actin and Hanna

Hanna was born on a ship to a somanona mother who passed away during childbirth, and no father was registered therefore he was seen as a stateless individual who traveld for most of his life and was detained for a large portion of his life due to his statlesness and Canada passed the immigration act in his honor

• he was actual a french guy

Us Ex Rel Steinworth v watkins

America was collecting germans even from diffrent countreis like Americ awas activitly seeking for germans from other countries that were not germany. Costa ricca had a good amount of germans Steinworth became a citzen of costa rica and renouncs his german citzenship and he get sent to america for the german concentration camps when the war is over they had to be sent back but where to ? they both had their cotzensship revoke after 8 years of not knowing where to go he finally got sent to cosat rica.