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PIL Flashcards

1
Q

which case said that IL is the will of the state?

A

SS Lotus

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2
Q

when was league of nations established?

A

1920

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3
Q

when was the statute of teh PCIJ drafted?

A

1920

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4
Q

who chaired teh drafting committee of the PCIJ statute?

A

belgian professor and senator, baron edouard descamps

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5
Q

when was UN established?

A

1945

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6
Q

when was PCIJ completely replaced by ICJ

A

1946

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7
Q

which case laid down the basic rule regd continuity and reptition?

A

asylum case

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8
Q

which case laid down that ‘Some degree of uniformity amongst state practices was essential before a custom would come into existence.”

A

anglo Norwegian fisheries case

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9
Q

four modes of acquiring territory

A

occupation, prescription, accretion, cession

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10
Q

concept of territorial sovereignty in which article of un charter

A

article 2(4) and 2(7)

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11
Q

four ways thru which the state can acquire territory

A

occupation, prescription, cession, and accretion

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12
Q

which article thru which the states can keep territory acquired thru self defence

A

article 51

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13
Q

island of palmas case

A

netherlands v. usa

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14
Q

what were the contentions of usa

A

(spanish) discovery, nothing has caused the title to disappear so need to display actual sovereignty, principle of contiguity and so palmas is part of the philippines.

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15
Q

contentions of netherlands in palmas case

A

discovery by spanish contested, principle of contiguity contested, if any title that did exist, it has been lost. east india company has had title since 1667

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16
Q

sovereignty in the relationship w other states signifies

A

independance

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17
Q

what is essential to establish superior totle

A

peaceful and continuous display of title

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18
Q

claim of usa in the island of palmas case was thru?

A

cession, treaty of paris, article 3: transfer of all rights spain possessed

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19
Q

palmas case ratio?

A

discovery alone (by spain and subsequent transfer), without maintaining it would not constitute territorial sovereignty. inchoate title must constitute effective occupation for some time, the continuous and peaceful display of territorial sovereignty (peaceful in relation to other States) is as good as a title.

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20
Q

island of palmas belongs to whom?

A

netherlands

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21
Q

what kind of territory is acquird by occupation”?

A

terra nullius

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22
Q

In order to show occupation, the Eastern Greenlands case considered two criterion -

A

Intent or will to act as a sovereign
Adequate exercise or display of sovereignty.

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23
Q

critical date?

A

when teh rights of the parties crystallise - it must also be shown that the territorial sovereignty has continued to exist and did exist at the moment which for the decision of the dispute must be considered as critical.

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24
Q

max huber based his arguments on:

A

effective occupation, critical date, intemporal law, principle of contiguity rejected

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25
Q

clipperton island arbitration between?

A

france v. mexico

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26
Q

history of clipperton island?

A

Englishman Captain Clipperton - france discovered but didn’t claim - 1858 france claimed - later france saw american were mining waving the US flag - mexico later came and claimed sovereignty

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27
Q

clipperton island case held

A

territory which is uninhabitable and for teh full disposal of a party, the possession becomes perfect the occupation occurs. france occupied, and never showed the animus of not occupying it. no positive act is required in this particular case

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28
Q

clipperton island issue: Regarding whether Spain discovered the island
arbitrator held?

A

Mexico claimed the land based on a claim of ‘historic right’, due to the discovery by Mexico. Here the Arbitratoy found Mexicos claims as being unsubstantiated, and hence not valid.

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29
Q

clipperton island issue: Status of the land before 1898
arbitrator held?

A

Before 1898, Mexico had not done anything on that island , so they had no claim there.

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30
Q

clipperton island issue: Status after 1898?
arbitrator held?

A

Even though France declared their right over Clipperton island in 1858, the arbitrator looked into whether there was animus occupende or an intent to occupy. Specifically due to the nature of this territory as being uninhabitable, the arbitrator considered that exercising effective control cannot be done the same way over this territory like other states. Therefore, what was looked into was whether there was an intent to abandon the territory. Seeing none, it was held that France had sovereignty.

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31
Q

clipperton island moral

A

Concept of effective control is fluid, and has to be assessed according to the nature of the territory.

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32
Q

Eastern Greenlands Case?

A

norway v. denmark

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33
Q

what two criteria did the court (eastern greenlands case) give when there is a claim to sovereignty based not on title thru treaty or cession, but thru continued display of authority?

A

Intention and will to act as a sovereign
Actual exercise or display of such authority.

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34
Q

what factors did the court consider in proclaiming that denmark has sovereignty over eastern greenlands island?

A

making laws to regulate activities such as fishing and hunting, give access to the island to british and french nationals, statement made by the secretary of norway that they would help denmark in the settlement of territories, thus recognizing denmark’s claim.

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35
Q

Sovereignty over Pulau Ligitan and Pulau Sipadan

A

(Indonesia v. Malaysia)

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36
Q

Eastern Greenlands Case in favour of?

A

denmark

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37
Q

Clipperton Island Arbitration in favour of?

A

france

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38
Q

Island of palmas case in favour of?

A

netherlands

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39
Q

Sovereignty over Pulau Ligitan and Pulau Sipadan

A

malaysia

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40
Q

Sovereignty over Pulau Ligitan and Pulau Sipadan ratio?

A

16:1

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41
Q

critical date in Sovereignty over Pulau Ligitan and Pulau Sipadan case

A

the time of delineation of territory, but practices even after that date were also considered

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42
Q

Indonesian claims in the pulao ligitan and pulao sipadan case

A

conventional title, drilling activities, fishermen considered it part of their territory, continued presence of dutch and indonesian navies

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43
Q

which court had taken up the pulao ligitan and pulao sipadan case

A

PCIJ

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44
Q

on what all grounds did PCIJ reject the claims of indonesia in Pulau Ligitan and Pulau Sipadan case

A
  1. no convention title couldn’t substantiate it
  2. the navies that patrolled didn’t consider
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45
Q

in whose favour was the pulao ligitan and pulao sipadan case

A

malasiya

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46
Q

to show effective occupation the following must be shown:

A
  1. before occupation it was terra nullius
  2. occupation was on behalf of states rather than individuals
  3. effective taking of possession
  4. intent to occupy as sovereign
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47
Q

what is prescription

A

the same thing as adverse possession, the possessor was peacefully occupying the property and the owner had no problem.

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48
Q

three ways to certify effective prescription

A

(a) possession must be exercised à titre de souverain; (by the sovereign authority)
(b) possession must be ‘peaceful and uninterrupted’; and
(c) possession must exist for ‘a reasonable length of time’.

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49
Q

Case concerning sovereignty over Pedra Blanca/Pulau Batu Puteh between?

A

Malaysia v. Singapore

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50
Q

Case concerning sovereignty over Pedra Blanca/Pulau Batu Puteh between was over what structures and where?

A

straits of singapore - pedra blanca/palau batu puteh, middle rock, south ledge

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51
Q

feature of pedra blanca

A

a granite island, measuring 137 m long, with an average width of 60 m. It is situated at the eastern entrance of the Straits of Singapore – one of the busiest maritime passages in the world.

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52
Q

feature of middle rock

A

cluster of rocks

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53
Q

feature of south ledge

A

low tide elevation

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54
Q

timeline in the pedra blanca/pulau batu putejh case

A

1979 - malasiya published map
14th february, 1980 - singapore disputed map
6th feburuary 1993 - issue over middle rock and south ledge arose

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55
Q

critical date of pedra blanca dispute

A

14th feb 1980

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56
Q

critical date of middle rock and south ledge

A

6th feb 1993

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57
Q

contentions of malaysia in pedra blanca case

A
  1. had original title and nothing had occurred to dispute it
  2. construction of lighthouse + other activities by Singapore was a result of grant by sultan of johor whose successor was malaysia
  3. all three islands were not to be seen as seperate and had to be independently assessed
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58
Q

contentions of singapore in pedra blanca case

A
  1. pedra blanca was terra nullius and thus construction of lighthouse was act of sovereignty
  2. no sovereign claimed pedra blanca before the british went there
  3. three islands were a single maritime feature and thus sovereignty was established over one, it could be est for the rest.
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59
Q

which court decided the pedra blanca judgement?

A

ICJ

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60
Q

pedra blanca judgement by ICJ?

A

singapore has sovereign bcs malaysia failed to establish effective occupation.

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61
Q

ratio in pedra blanca case

A

12:4

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62
Q

prescription case

A

pedra blanca - malaysia v. singapore

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63
Q

middle rock sovereignty

A

malaysia

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64
Q

south ledge sovereignty

A

art 13 of UNCLOS

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65
Q

which article for revision

A

61 - revision after discovery of some fact of decisive nature, unknown to court, provided that the ignorance was not due to negligence.
The application for revision must be made in six months from discovery of new fact, and no application for revision can be made after 10 years from judgment.

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66
Q

who gave for revision in the case of pedra blanca

A

malaysia

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67
Q

what was the end result of the pedra blanca case

A

mutual settlement

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68
Q

Frontier Dispute (Benin/Niger) what held?

A

UPP was determining factor to determine sovereignity

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69
Q

Case Concerning Territorial and Maritime Disputes Between Nicaragua and Honduras in the Caribbean Sea

A

(Nicaragua v. Honduras)

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70
Q

common heritage of mankind unclos section

A

art 136

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71
Q

territorial sea rights

A

territorial sovereignty, fisheries right right over minerals

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72
Q

EEZ coastal county access?

A

exclusive fisheries right, exclusive minerals right

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73
Q

extended continental shelf in the high seas coastal country access? maximum limit?

A

exclusive right over minerals after doing process of establishing outer border of the continental shelf, 350nm

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74
Q

high seas jurisdiction

A

all countries may fish here and unclos applies

75
Q

outer space chom article?

A

1 of outer space treaty

76
Q

stolkhom declaration of united nations conference of human environment?

A

chom, common concern of mankind

77
Q

who discovered antartica

A

1773, captain cook

78
Q

how many ppl have claimed antartica

A

7, CAANNUF (chile, Australia, argentina, norway new zealand france UK

79
Q

how muchof antartica remains unclaimed?

A

15

80
Q

which was the first nation to claim?

A

UK

81
Q

who advanced proposal to establish international regulation of antartica

A

norway

82
Q

wuat is the name of the first proposal

A

escudero proposal

83
Q

ATS

A

Antarctic seals, anarctic marine resources, environmental protection, antarctic mineral resources (last into never entered into force)

84
Q

Case Concerning Territorial and Maritime Disputes Between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras)

A

Acts post-independence could be relevant to determine the UPP.

85
Q

El Salvador v Honduras :

A

Where the boundary was clear, effective display of state functions in the disputed area or economic inequality generated by old boundaries was not sufficient to displace UPP

86
Q

Territorial Dispute Case

A

[Libyan Arab Jamahiriya/Chad]

87
Q

Territorial Dispute Case [Libyan Arab Jamahiriya/Chad]

A

If a delimitation treaty is concluded after independence, uti possidetis does not apply because the agreed delimitation overrides the pre-existent uti possidetis, although the former could also coincide with the latter.

88
Q

Land and Maritime Boundary between Cameroon and Nigeria

A

Even if uti possidetis is applicable, a consolidated acquiescence can overcome the former.

89
Q

Principle of continuity?

A

the general principle followed is the principle of continuity, which states that in cases of state and government succession, the state may retain their legal identity from its preceding states.

90
Q

Universal succession

A

In case the succeeding state accedes to all rights and duties of the previous state.

91
Q

The primary document providing for state succession is the

A

Vienna convention on succession of states in respect of treaties of 1978

92
Q

other succession convention?

A

Vienna convention of sucession of states in respect of property, debt and archives

93
Q

which article of treaty succession convention defines state succession?

A

art 2(1)(a)

94
Q

2(1)(a)

A

replacement of one state by another in the responsibility of international relations

95
Q

facts ab treaty succession convention

A

20 (signs), 3 ratifications (Ethiopia, Iraq, Yugoslavia), 7 (accede), 4 (registered as successors)

96
Q

facts ab others succession convention

A

signed only by 6 states

97
Q

Theories on state succession

A

universal succession, clean slate doctrine or outright non succession

98
Q

universal succession

A

the state retains all the rights and obligations of the old state, thereby universally succeeding the old state.

99
Q

who developed the universal succession theory

A

hugo grotius

100
Q

defect of universal succession theory

A

state has to inherit all obligations and liabilities and treaties and they r being forced upon him

101
Q

Nottebohm case

A

(Liechtenstein v. Guatemala

102
Q

Nottebohm case which court

A

ICJ

103
Q

Change in Treaty Obligations upon succession of state five ways?

A

total rejection, devolution, temporary, selective, deferrment of decision

104
Q

total rejection countries

A

clean slate doctrine, israel, algeria, upper volta

105
Q

devolution?

A

agrees for the prior treaty rights and obligations = british dependencies

106
Q

temporary application?

A

nyerere doctrine, prince nyerere of tanganyika, review and alter, lapse option exists

107
Q

selective application?

A

pick and choose unilaterally = congo

108
Q

deferment of decision

A

they don’t declare their decision on various treaties, madagascar

109
Q

succession of treaty in case of succession of state if the treaty is political?

A

nope

110
Q

art 62(2) of vclt

A
111
Q

VCSS - T full form

A

Vienna Convention on succession of state with respect to treaties

112
Q

VCSS - T Art 12

A

territorial treaty succeeded

113
Q

nagymaros case

A

hungary slovakia

114
Q

nagymaros case

A

treaties which are related to territory are succeeded, this is CIL

115
Q

moving fronties treaty principle act and article?

A

VCSS-T, art 15

116
Q

cession effect of treaty

A

Art 15 of VCSS-T

117
Q

merger effect of treat and act

A

Art 31 of VCSS-T

118
Q

dissolution effect of treaty and act

A

art Art 34 of VCSS-T

119
Q

seperation effecf of treaty and act

A

Art 35 of VCSS-T:

120
Q

newly independant state treaty effect and act

A

Art 16 of VCSS-T;

121
Q

how can a newly independant state establish that it is a party to a multilateral treaty?

A

by a notification of succession

122
Q

public property

A
123
Q

cession

A
124
Q

incorp

A
125
Q

merger

A
126
Q

dissolution

A
127
Q

seperation

A
128
Q

newly independant state

A
129
Q

public property
immovable property
immovable property outside the boundary
movable property

A
130
Q

archives

A
131
Q

bilateral treaty art and principle

A

art 24 25

132
Q

paqute habana case

A

USA v. Spain, fihsinh vessels, SPAIN

133
Q

Jurisdictional immunities of the state, who won?

A

Germany v. italy, germany

134
Q

North sea continental Shelf Case, who won

A

netherlands and denmark v. germany, germany

135
Q

North sea continental Shelf Case

A

facts

136
Q

SS. Lotus Case

A

framce v. turkey

137
Q

The world court project

A

no, it is not CIL

138
Q

Military and Paramilitary Activities in and against Nicaragua

A

nicaragua v. usa, nicaragua

139
Q

Anglo-norwegian fisheries case

A

UK v. norway

140
Q

Once a rule of customary international law has been established and is binding on a State (States), can that State texempt itself unilaterally from the obligations imposed by that rule.

A

No

141
Q

Newly independent states persistent objector?

A

no

142
Q

regional CIL CASE

A

Asylum Case (Columbia v. Peru)
Case Concerning Right of Passage over Indian Territories

143
Q

Asylum Case

A

(Columbia v. Peru)

144
Q

Case Concerning Right of Passage over Indian Territories

A

portugal v. India

145
Q

VCLT def. of treaty which art

A

art 2(1)(a)

146
Q

Treaty codified CIL provisions
Declarative
party?
non party?

A

Party: Yes
Non party: yes, USA didn’t sign UNCLOS but it still has to follow.

147
Q

Treaty codified CIL provisions
Generative
party?
non party?

A

Party: Yes
Non Party: No

148
Q

crystallise
party?
non party?

A

non party not binding

149
Q

principles governing treaty obligatiosn

A

only party to treaty bound
pacta sunt servanda
voluntary
bindingness w parties

150
Q

custom n treaty complementary case, what held?

A

nicaragua v. usa, parallel obligations

151
Q

Peremptory norms or jus cogens are mentioned in which article and where?

A

article 53 of vienna convention of law of treaties.

152
Q

Erga omnes

A

obligation towards the entire community.

153
Q

can a non state party also approach court in case of violation of CIL

A

yes

154
Q

effect of a treaty violating jus cogens norms

A

void

155
Q

montevideo which article

A

art 1

156
Q

additional criteria for the recognition of states?

A

yugosalavia became state due to collective recognition by other states

157
Q

Acts of recognition

A

release official notification, embassies and treaties

158
Q

art 3 of montevideo convention which principle and what does it sayt

A

Article 3 of Montevideo Convention: Political Existence of the State is not dependent on the recognition of other states. (Declaratory View)

159
Q

Case concerning east timor

A

(portugal v. australia)

160
Q

tinocco concessions arbitration held?

A

state bound, recognition not necessary it is still a state bcs:
1. principle of continuity
2. does not matter if no recognition, it is still de facto a govenrment

161
Q

Deutsche continental gas

A

(gessellschaft v. polish state)

162
Q

Chorzow factory case

A

germany v. poland

163
Q

UNSC Resolutions under what articles are binding on all member states

A

under article 24 and 25 binding on all member states

164
Q

Resolutions with external effect

A

Non Members should respect

165
Q

Chorzow factory case what held?

A

GPL that if you do a wrong, you have to make good to it

166
Q

UNAT Case related to?

A

res judicata

166
Q

APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE

A

(BOSNIA AND HERZEGOVINA v. SERBIA AND MONTENEGRO)

167
Q

APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE

A

res judicata

167
Q

Temple of preah vihear case

A

Cambodia v. Thailand)

168
Q

Temple of preah vihear case

A

principle of estoppel

169
Q

Corfu Channel Case

A

(UK and Northern Island v. Albania)

170
Q

corfu channel case

A

Admissibility of circumstantial evidence

171
Q

Concept of trusts

A

(South West Africa Cases

172
Q

Concept of Subrogation

A

(Mavrommatis Palestine Concessions Case (1925) PCIJ)

173
Q

Diversion of Water from the Meuse Case

A

(Netherlands v. Belgium)

174
Q

Diversion of Water from the Meuse Case which principle

A

doctrine of clean hands

175
Q

“Modest in number, diverse in character and contained legislative, administrative and quasi-judicial activities”

A

pulau ligitan v. pulao sipadan

176
Q

UPP CIL?

A

yes

177
Q

Frontier Dispute Case

A

(burkina faso v. republic of mali)

178
Q

If UPP is clear

A

effective occupation will not change the nature of title, it will not make any difference

179
Q

If no UPP:

A

EO plays imp role to determine who has control

180
Q

Case Concerning Territorial and Maritime Disputes Between Nicaragua and Honduras in the Caribbean Sea

A

(Nicaragua v. Honduras)

181
Q
A
182
Q

which art of unclos givee common heritage of mankind

A

art 136

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