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Ps 230 And Ps 388 > Ps 388 FINAL EXAM > Flashcards

Ps 388 FINAL EXAM Flashcards

1
Q

What are the 5 principles of jurisdiction?

A
  1. ) territorial: authority is derived from the location of the act
  2. ) nationality: authority is derived from the citizenship/nationality of defendant
  3. ) passive personality: authority is derived from the citizenship/nationality of victim
  4. ) protective: authority is derived from acts that threaten the security, territorial integrity, or political independence of the State
  5. ) universality: authority derived from the nature of the crime.
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2
Q

Hypothetical:

Two Friends: Turkish and Bosnian. Location: Rome. Scenario: Blind alley, attacked by Macedonian citizens. What is jurisdictional type?

A

Italy: jurisdiction territorial principle

Macedonia: on the basis of the nationality principle

Turkey/Bosnia= on the basis of the passive personality principle.

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3
Q

2.) Hypothetical:

10 young Macedonian citizens and anarchists.

Location: Montreal, Canada
Scenario: Macadenoian oppose US capitalism. Plan to attack Federal reserve

Canadian authorities learn about this and arrest them. In Canadian soil

What states have authority?

A

Canada: territorial principle

Macedonia: nationality principle

US: jurisdiction based on protective principle of jurisdiction.

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4
Q

3.) Hypothetical

Young woman walking with daughter

Location: Atlanta GA

Young mother sees civil war general who rape her in camp in QWERTY

All victims and citizens were from QWERTY

Does US have jurisdiction?

A

Only Principle that APPLIES is universal. Since Jus Cogens and obligations erga omnes. Crime so hideous.

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5
Q

What are the 3 elements for recognition type for a state?

A
  1. ) Sovereignty territory: territory is owned by the sovereign state
  2. ) Terra Nullius: a territory belonging to no one in the sense of legal process
  3. ) Res Communis: territory that is incapable of ever legally owned or controlled such as Antarctica.
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6
Q

What is the court re Conference of Berlin opinion on the Monstrous Blunder?

A

Africa was not terra Nllius because other people were there. Meaning it was already a state. Court had declare the opposite

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7
Q

What does it mean to have international and legal personality?

A

The ability to enjoy rights and contractual obligations.

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8
Q

How is a state recognized?

A

1.) A unilateral act whereby one or more states admit whether expressway or tacitly that they regard the political entity as a state. And also admit the state has international legal personality.

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9
Q

What does tacitly mean? Aka New Zealand

A

NZ accredited passports from Kosovar. And also their ambassador. And also supported Kosovo’s membership of the IMF. As Kosovo separated. Not explicitly recognized them.

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10
Q

What is the difference between the Tobar Doctrine and the Estrada Doctrine?

A

Under the Tobar doctrine a number of Latin Maericna states entered into treaties providing de recognition of states. When there was an interruption of the constitutional order. Objective to emphasize support for all governments. But was viewed a opposite by suppressing internal challenges to the national or regional status quo.

Estrada Doctrine: initiative reasserted the rights of States not be subjected to what they perceived as another form of intervention in their internal affairs. Adopted doctrine addressed larger nations misusing their power to undermine new gov.

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11
Q

What is Belligerent Occupation?

A
  1. ) hostile takeover of territory
  2. ) temporary in nature
  3. ) an occupier enjoys no general legislative authority to make permanent changes to legal and political structures.
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12
Q

What is Occupation?

A

Medieval perspective= discovery + terr nullius

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13
Q

What are the 5 types of acquiring dominion over land?

A
  1. ) Occupation: medieval perspective
  2. ) conquest: forced
  3. ) cession: international agreement that deeds territory from one State to another
  4. ) prescription: State A a weekly occupied some territory of state B and after time validate title of land
  5. ) accretion: states territory augmented by new formations of land gradually deposited from bodies of water.
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14
Q

What is a succession of states?

A

Replacement of one state with another for the international relations of the territory.

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15
Q

What are the effects of succession on states? Do treaties cease to exists? What about multilateral treaties?

A

Yes treaties cease to exist. But not the universal ones. Fail to survive

Multilateral treaties do survived succession. Successor state cannot claim a clean slate. Property and debt become part of successor state.

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16
Q

What is a port?

A

A port extends to the outermost permanent harbor facility.

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17
Q

What is a Bay?

A

A well marked indentation whose penetration constitutes more than a mere curvature of the coast. That if a semicircle whose diameter line drawn across the mouth of that indentation.

If d less than 24 miles= solely internal waters. If d greater than 24 miles international waters.

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18
Q

What is a bay?

A

When drawn a semicircle has to be greater than the indentation.

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19
Q

What is innocent passage?

A

Passage of a foreign ship shall be considered be prejudicial to the peace, good order or security of the coastal state.

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20
Q

What is the liability of the succeeding state rooted in?

A

Rooted in Customary International law. Independently of a treaty even where the succeeding state has not become a treaty party to that multilateral treaty.

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21
Q

What happens to citizenship?

A

Does not survive. Citizenship constitutes as 2 things blood and birth.

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22
Q

What happens to property and debt after succession for states?

A

The property and debts of an extinct State normally become the property of the successor State.

23
Q

What is cession?

A

It’s imperative that the ceding grantor state has colorable title of the territory. Land ceding to the cession state.

24
Q

What is the order of the sea?

A

Land= coastal baseline=territorial sea=contiguous zone=Exclusive Economic Zone= National Airspace= High Seas=International Airspace.

Continental Shelf=Deep Seabed.

25
Q

What are internal waters? What is the coastal baseline?

A

Their landward. It’s where the point where Sea intersects with the edge of the land at the sea coast. Yardstick is the measurement.

26
Q

How long is the Territorial Sea?

A

Twelve nautical miles from the coastline.

27
Q

How long is the Contigious Zone?

A

12 nortical miles. Because if not exclusive Zone would extent forever.

28
Q

Is the maritime sovereignty compulsory?

A

Yes it is for a state cannot refuse it

29
Q

What counts as internal waters?

A

Rivers, bays, ports.

30
Q

What has jurisdiction over contiguous zone?

A

Customs, fiscal, immigration, and sanitary laws.

31
Q

What is the straight line base method?

A

Consist of territorial sea, Internal waters. Imaginary line drawn. 12 limit territorial sea

32
Q

What 8 things do not make something an innocent passage?

A
  1. ) threat or use of force against the sovereignty, territorial integrity, or political independence of state
  2. ) weapons
  3. ) aimed collect information
  4. ) any propaganda
  5. ) launching of aircraft
  6. ) military device on board
  7. ) loading or unloading of any commodity, currency or person
  8. ) act of serious pollution
  9. ) activities aimed at interfering with any systems communications.
33
Q

What makes a passage transversal?

A

Transversing the sea without entering into internal waters. Or proceeding to or from internal waters.

34
Q

Can US send boats to China sea?

A

Yes, as long as it’s not prejudicial.

35
Q

What is a strait passage?

A

A natural sea passages connecting 2 large maritime seas.

36
Q

What is the Exclusive Economic Zone?

A

UNCLOS for purpose of exploring and exploiting conserving and managing the natural resources. Accommodate competing interests.

Newest sea dozen product of tension. Allowable catch. Give surplus to other states.

37
Q

When can we say a particular action may be attributed to a state? Hint 6

A
  1. ) conduct by organs of a state in all branches and all levels.
  2. ) conduct persons. By a state who are empowered to exercise government authority
  3. ) conduct of state placed at disposal of another
  4. ) persons or events exercise authority
  5. ) conduct insurrection
  6. ) acknowledged by a state own.
38
Q

What are the 5 circumstances that preclude wronged up acts?

A
  1. ) consent
  2. ) lawful self-defense
  3. ) force majeure( irresistible and unforeseen event, beyond control of the state. Making it materially impossible to perform circumstances in the obligation
  4. ) action taken in distress for the purpose of saving lives
  5. ) action on part of state A. Necessary to safeguard an essential interest of State A. Against grave and imminent peril.
39
Q

What does countermeasures mean?

A

Non-forcible act. Normally be contrary to the international obligation. But deemed permissible when taken response to the wrongful act of another state. In order to induce cession of and reparation for that act.

40
Q

What are the countermeasures steps?

A
  1. ) notification of intent offer to negotiate
  2. ) no countermeasures if breaching states ceases
  3. ) only against breaching state
  4. ) countermeasures initially limited to non-performance of injured state obligation to the breaching state
  5. ) limit countermeasures so as to make likely the resumption. By breaching state. Of the performance the underlying obligations.
  6. ) injured state must adhere to dispute settlement mechanism
  7. ) countermeasures must be proportionate to injuries suffered.
41
Q

What is reperations and the three types?

A

Reparation is an indispensable component of a failures.

Restitution= restabliahing the status quo ante

Compensation= monetary purpose to make state whole

Satisfaction= public acknowledged, statement of regret, or disciplinary action.

42
Q

What are espousal claim?

A

Injury to the state may not be direct as consequence to one of nationals aka citizens Liz

43
Q

What are limitations of espousal claims?

A
  1. ) only claims of their own nationals
  2. ) continuous nationality rule. State only impose espousal to citizen of that state and is currently
    3) local remedies: must first exhaust all reasonably available remedies in the national, local legal system.
44
Q

What is an espousal claim?

A

Action by which undertakes to gain redress of the grievance on behalf of its subjects.

45
Q

What is local remedies rule?

A

Must first exhaust all possible legal actions from the home state.

46
Q

What is arbitration?

A

Formal process for obtaining biding decision. Without greater costs formality of judicial dispute resolution.

47
Q

How to commence arbitration?

A

Ad hoc arbitration = after dispute has risen and only with respect to a specific dispute. Compromis set forth the basic terms of arbitration should proceed.

48
Q

What is second process for commencing arbitration? What is compromis clause?

A

Before a dispute has risen. Agree if a dispute arises between them either party completely international arbitration. Compromiser clause

Compromis clause is the address to which the manner in which arbitration will proceed. How parties will proceed

49
Q

How arbitration works?

A
  1. ) notices should be filed
  2. ) arbitral panel establish
  3. ) arbitrators challenged or replace
  4. ) submission of written or ora reports
  5. ) applicable law
50
Q

What is consultation?

A
  1. ) mediation: presence of a third party
  2. ) conciliation: consolatior expected to issue non-binding decision
  3. ) arbitration: formal binding process
  4. ) adjudication: hear cases and determine interpretation
51
Q

What does a notification of a claim specify?

A
  1. ) conduct complained of
  2. ) steps of the breaching state must take to correct its wrongful conduct.
  3. ) forms of reperation/ restitution. Compensation or satisfaction.
52
Q

What does Belligerent Occupation need to maintain?

A
  1. ) does not transfer sovereignty to occupying force
  2. ) occupying power can only dispose of the resources
  3. ) meet basic needs of population
  4. ) maintain order
  5. ) respect right of the inhabitants
53
Q

What does deeding mean?

A

Rich uncle cessession

Ps 230 And Ps 388 (22 decks)

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