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Mid Term Study Guide Sunday March 1 2015 2 05 PM Introduction Rights Sources of Rights of States Dec of the Rights and Duties of Nations of the American Institute of international law 1916 UN Resolution 178 II Charter of Economic Rights and Duties of States Rights Existence Continued Existence The right to continue to exist Self Defense Independence Domestic Sovereignty Organize government Adopt a constitution Keep order within their borders Right of State v Right of Individuals States have to the right to do what is necessary to continue to exist Self Determination The right of the people to choose their political institutions ICJ Opinion on the Western Sahara 1975 Western Sahara legally tied to Spain Morocco or Mauritania Given legal ties not territorially Spain Morocco but Mauritania But the People are not Mauritanians they have the right of self determination External Conduct foreign relations To the best of a state s ability Without supervisory control of other states Equality States legal co equals Sources Minority Schools in Albania PCIJ 1935 Article 2 10 UN Charter The Organization is based on the principle of the sovereign equality of all its members But not equal b c of the inequality of the Security Council Veto power by 5 states US France UK Russia China INR 3933 International Public Law Page 1 Veto power by 5 states US France UK Russia China State Duties Responsibilities State Responsibility What triggers responsibility Existence of legal obligation recognized by IL Violation of obligation Loss or damage as result of violation Alabama Claims Case Confederate States of America commissioned Britain to build 5 warships for use in the Civil War Was Britain liable for damages since they were legally neutral in the US Civil War State must make reparations for damages Facts Issue Decision Yes Corfu Channel Case Facts Albanian civil war in which the British didn t play nice with Albania After war two British Ships passing through Corfu channel ran into mines Albania claims it did not know they were there First contentious ICJ case Was Albania responsible despite ignorance Issue Decision Yes Intent doesn t matter they still had a responsibility to protect their waters United States of America v Iran ICJ 1980 Iran Hostage Crisis Facts Issue Result Is Iran legally responsible for the actions of these non state actors within their borders Yes States have duties to take all appropriate steps to prevent any attack on his person freedom or dignity Incompatibility of Rights and Duties Immunity Absolute Immunity Absolute State cannot without consent be made a defendant in the courts of the state No civil or criminal prosecutions of heads of state During and after leaving office Necessity and Reciprocity INR 3933 International Public Law Page 2 Necessity and Reciprocity The Schooner Exchange v McFadden 1812 American vessel was seized in international waters in the name of Napoleon The French retrofitted the ship as a naval vessel American owners sued once the ship called on an American port Can an American assert title to an armed vessel of a foreign country found within US waters Facts Issue Decision No because as a friendly state a national ship of the state is exempted due to lack of jurisdiction Mighell v Sultan of Johore 1893 Sultan posing under a pseudonym promised to marry Miss Mighell Mighell sued Dismissed due to sovereign immunity Lafontant v Aristide 1994 Lafontant killed in prison after a failed coup attempt Eventually Aristide exiled to the US His wife files suit against Aristide Found inadmissible due to sovereign immunity Tachiona v Mugabe 2001 Mugabe came to US for a conference Individuals sought redress for various human rights abuses Case thrown out due to sovereign immunity Aberration from Absolute Immunity US v Noriega 1989 Facts US invades Panama US agents waited outside Vatican Embassy Seized Noriega and brought to US for trial on drug trafficking charges Issue No Is Noriega immune as a head of state State of War Capture was an act of self defense In 2006 Chile s Supreme Court stripped Pinochet of his immunity Reasoning His conduct was so heinous that it cannot be considered state policy Major case in toppling immunity after leaving office Pinochet Milosovic First hear of state prosecuted by the ICT for his crimes in the Former Yugoslavia INR 3933 International Public Law Page 3 First hear of state prosecuted by the ICT for his crimes in the Former Yugoslavia Tried for genocide and other crimes Died during trial The Rome Statue of the ICC allows for prosecution of heads of state Erosion of Absolute Sovereignty Only applies to Acta jure imperii Purely public acts Acta jure gestionis Ordinary acts The Tate Letter 1952 Advisor to AG indicates a need to accept the restricted theory of immunity by the State Department Victory Transport Inc v Comisaria General de Abasteciminetos y Tansportes Internal administrative acts Legislative acits Acts concerning armed forces Acts concerning diplomatic activity Public loans Aldona v Voice of England Aldona a typest employed by VoE magazine VoE published by the Foreign Office Aldona fired not paid remainder owed Sued UK in Polish Court Court found it to be diplomatic thus GB had immunity Limited Immunity Ministry of Defense v Ndegwa 1983 British soldier causes a car crash in Kenya Kenya files suit against the MoD Court finds it inadmissible because the soldier was a foreign agent Foreign Sovereign Immunities Act 1976 Decisions concerning immunity are now vested in the courts Codified restrictive theory Specified methods foe beginning lawsuit against foreign state Stipulated the nature of the cases that private citizens could file Callejo v Bancomer SA Facts Issue US citizens buy CD s in Mexico Mexico nationalizes the banking sector Mexico passes a law that interest now had to be paid out in pesos Callejo decides to double down to buy time to help their case File suit for breach of contract Is Bancomer immune due to Mexican control Yes because even though it was owned by the state it was done so in a commercial nature INR 3933 International Public Law Page 4 commercial nature Responsibility to Protect R2P State has R2P its own population from genocide war crimes crimes against humanity and ethnic cleansing The international community has a responsibility to assist the state fulfill its primary responsibilities If the state fails to protect the international community has a responsibility to intervene Answer to Rwandan Genocide


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FSU INR 3933r - Mid-Term

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