Cases Flashcards
Tadic was prosecuted by the ICTY for alleged war crimes committed at a Serb run concentration camp in Bosnia.
Prosecutor v. Tadic
Akayesu was accused of genocide for his part in mass killings and rapes in Rwanda. He was sentenced to imprisonment for life.
Prosecutor v. Jean-Paul Akayesu
The US sued Canada for air pollution in Washington State by Trail Smelter, a Canadian Corporation polluting from Canada.
Rule: At all times, a state owes a duty to protect other states against harmful acts by individuals from its jurisdiction.
Trail Smelter Case (US v. Canada)
UN International Arbitration, 1947
Some Countries argued that any use of nuclear weapons would be unlawful because of existing laws protecting the environment.
Rule: International environmental laws do not Specifically prohibit the use of nuclear weapons.
Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion)
International Court of Justice, 1996
The French government proposed a plan to use Lake Lanoux for hydroelectric purposes to which Spain objected.
Rule: States do not need the prior agreement of interested states to use the hydraulic power of international waterways.
-However, there is a good faith obligation on the part of the upstream used to take into account the interests of the downstream user.
Lake Lanoux Case (France v. Spain)
Hungary claimed that Czechoslovakia violated a treaty when it appropriated waters of the Danube river to construct a dam.
Rule: Watercourse states shall participate in the use, development, and protection of an international watercourse in an equitable and reasonable manner.
Gabcikovo- Nagymaros Project (Hungary v. Slovakia)
International Court of Justice, 1998
Considered whether Japan’s policy of taxing imported vodka and other imported alcoholic beverages at a higher rate than Japanese shochu was a violation of GATT, Article III.
Rule: This section of GATT requires that imported good be accorded “national treatment”, that is, not subjected to higher internal taxes than similar domestic products.
After comparing vodka and shochu, the panel decided that they were similar products.
Because imported vodka was taxed at a higher rate, this practice was a violation of Japan’s obligations under GATT- WTO rules.
Japan, Taxes on Alcoholic Beverages
The WTO, Dispute Settlement Panel,
There are also Security exceptions that excuse a WTO member stated from complying with GATT obligations when those are in conflicted with its essential security interests or its duties under the United Nations Charter.
There are also Security exceptions that excuse a WTO member stated from complying with GATT obligations when those are in conflicted with its essential security interests or its duties under the United Nations Charter.
United States- Import Prohibition of Certain Shrimp and Shrimp Products
WTO, Appellate Body, 1998
Two Americans claimed they has seized the Schooner Exchange on the High Seas, and that they now owned it and were entitled to the possession of the ship.
The US Attorney for Pennsylvania who appeared for the US, claimed that the US and France were at peace, and that a public ship of the Emperor of France had been compelled by bad weather to enter the port of Philadelphia and was prevented by leaving by the process of the court.
Rule of Law: National ships of war entering the port of a friendly power are to be considered as exempt by the consent of that power from its jurisdiction.
The Schooner Exchange v. Mcfadden
11 US,(7 Cranch) 116(1812
Due to currency instability Argentina businesses had trouble participating in foreign transactions. To resolve this problem the Argentine government created a program to sell to domestic borrowers, us dollars in exchange for Argentine currency. The dollars could be used to pay foreign creditors of Argentine Businesses. To reflect its obligations, Argentina issued bonds called “Bonods”. In 1986, facing a shortage of reserves of US dollars, Argentina defaulted on bond payments. Several bond holders who collectively owned 1.3 billion dollars worth of bonds payable in NY, sued for breach of contract in federal court in NY.
-Assering sovereign immunity, Argentina moved to dismiss. The district court denied the motion. The Second circuit affirmed. The Supreme Court granted review.
Rule of Law: A foreign government may be amenable to suit in a US court for defaulting on its bonds.
Republic of Argentina v. Weltover, INC
US supreme court, 1992
Alejandre and two other pilots were members of a Miami-based organization known as “Hermanos al Rescate”- Brothers to the Rescue. While flying over international waters, they were shot down by the Cuban Air Force. Alejandres personal representative sued Cuba and the Cuban Air Force for civil damages in federal court, claiming an exemption to foreign sovereign immunity under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Cuba did not defend the suit, and default judgement was entered.
A diplomatic note from Cuba was sent to the court asserting that the court did not have jurisdiction over Cuba or its political subdivisions.
Rule: An agent of a foreign state who commits an extra judicial killing as described in the Antiterrorism and Effective Death Penalty Act of 1996, shall be liable for money damages which may include economic damages, solatium pain and suffering and punitive damages.
-Note: Under the Foreign Sovereign Immunities Act, usually a federal court lacks subject matter jurisdiction to hear a claim against a foreign state. The Antiterrorism and Effective Death Penalty Act, added a narrow exception to foreign sovereign immunity in cases involving acts of terrorism.
Alejandre v. Republic of Cuba
