International Law Cases: Custom, Treaties, Jurisdiction & Sovereignty

Lotus Case

France argued Turkey lacked jurisdiction after a ship collision because international law did not expressly permit it. Turkey argued states may act unless prohibited. Court sided with Turkey. Rule: states may do anything not prohibited by international law. Important for sovereignty, positivism, and jurisdiction.

Asylum Case

Colombia granted asylum to a Peruvian rebel and claimed a Latin American custom justified it. Court held regional custom can exist but Colombia failed to prove enough state practice and opinio juris. Important for customary international law.

North Sea Continental Shelf Case

Germany was not party to a treaty rule that Denmark and the Netherlands wanted enforced against it. Court held a treaty can become customary law if there is sufficient state practice and opinio juris. Major case on formation of custom.

Paquete Habana Case

U.S. seized Cuban fishing vessels during war. U.S. Supreme Court held customary international law is part of U.S. law when there is no controlling treaty or statute. Major custom and municipal law case.

Anglo-Norwegian Fisheries Case

Dispute over Norwegian fishing boundaries. Court recognized that a state consistently objecting to a developing custom may avoid being bound by it. Created the Persistent Objector doctrine.

Reparation for Injuries Case

A UN official was killed while serving the United Nations. Court held the UN possesses international legal personality and may bring international claims. Important for international organizations.

Reservations to the Genocide Convention Case

States wanted to join the Genocide Convention while avoiding certain obligations. Court held reservations are allowed if they are consistent with the object and purpose of the treaty. Foundation of modern reservation law.

Legal Status of Eastern Greenland Case

A Norwegian official made statements supporting Denmark's territorial claim. Court held a state's unilateral declaration can be legally binding if intended to have legal effect. Important for promises made by states.

Nuclear Tests Cases

France publicly stated it would stop certain nuclear tests. Court held unilateral public declarations may create legal obligations when intended to be binding. Important for treaty and declaration law.

Missouri v Holland

Missouri challenged a treaty regulating migratory birds. Court held treaties may override conflicting state laws under the Supremacy Clause. Important for treaties and domestic law.

Island of Palmas Case

U.S. and Netherlands disputed ownership of an island. Court held effective and continuous control is more important than mere discovery. Important case on territorial sovereignty.

Nottebohm Case

Nottebohm claimed Liechtenstein nationality for international protection. Court held nationality must reflect a genuine and effective connection between the individual and the state. Important nationality case.

Banco Nacional de Cuba v Sabbatino

U.S. courts were asked to judge actions of the Cuban government. Court held courts generally should not judge official acts of foreign governments done within their own territory. Leading Act of State doctrine case.

Eichmann Case

Adolf Eichmann was tried by Israel for Nazi crimes committed outside Israeli territory. Court accepted prosecution under universal jurisdiction because some crimes affect the entire international community. Important jurisdiction case.

Foster & Elam v Neilson

U.S. courts considered whether a treaty could be enforced directly. Court distinguished between self-executing and non-self-executing treaties. Important for treaty enforcement.

Reid v Covert

U.S. government attempted to use an international agreement in a way that conflicted with constitutional rights. Court held the Constitution is supreme and treaties cannot violate constitutional protections.

Avena and Other Mexican Nationals Case

Mexican nationals argued treaty rights under the Vienna Convention on Consular Relations were violated. Court held treaty obligations require review and reconsideration of those violations. Important compliance case.

Gabcikovo-Nagymaros Project Case

Hungary and Slovakia disputed a treaty concerning a dam project. Court ruled that fundamental change of circumstances is applied narrowly when states try to terminate treaties. Important treaty termination case.