Resolutions Flashcards
The Vienna Convention on diplomatic relationships: “A diplomatic bag shall not be opened or detained”
Article 27.3 of the Vienna Convention
The VCCR (Vienna Convention on Consular Relations) provides that the authorities of the host nations may not enter the premises of a diplomatic consulate except with permission.
Article 31 of the VCCR
“International Organizations, their agents, officials and invites also enjoy diplomatic immunity”.
International Organizations Immunitites Act: 22 USCA 8288 (Amer. Law)
The Nuremberg Charter provides that an individual charged with a war crime cannot avoid responsibility by attributing his criminal conduct to order from a superior.
Article 5-6 of the Nuremberg Charter
-If justice so requires, that evidence may be considered in mitigation of the war crime.
Ethnic cleansing in the former Yugoslavia prompted the creation by the Security Council, the International Criminal Tribunal for Yugoslavia (ICTY) It was empowered to prosecute criminal for:
- grave breaches of the geneva convention- art. 2
- violation of the law or customs of war- art. 3
- genocide- art. 4
- crimes against humanity- art. 5
This article of the Rome Statute sets up the ICC as a permanent institution to try individuals for the serious crimes of international concern.
Art. 1 of the Rome Statute
This article of the Rome Statute, confirms that the ICC has jurisdiction over the following crimes:
- genocide- art. 6
- crimes against humanity - art. 7
- war crimes- art. 8
- the crimes of aggression-
This article of the UN Convention on the Law of the Sea states that in straits, all ships and aircrafts enjoy the right of transit passage.
Article 38
This article of the UN Convention on the Law of the Sea specifies that it sis the duty of those vessels in transit to proceed through the strait without delay and refrain from any threat or use of force against states bordering the straits.
Article 39
“The high seas are open to all states, coastal, or landlocked”
Article 27
-This includes:
Freedom of navigation, overflight, lay submarine cables and pipelines, fishing, reservation of high seas for peaceful purposes.
-Prohibited activities include: slave transport, piracy
This resolution declared that the sea-bed and ocean floor and the resources there are the common heritage of mankind. -They are therefore beyond the limits of national jurisdiction.
UN General Assembly Resolution 2749 (1970)
This resolution- “The council welcomes the offer by a member state concerning the establishment of an operation to create such a secure environment” (UN operation in Somalia to deliver humanitarian relief)
UN Security Council Resolution 794
-Dec ‘92, para 8
This part of the European Community Treaty is similar to Sec 1 of the Sherman Act forbids competitors to enter into agreement to: Article 81
-And is from what article?
a. prevent
b. restrain
c. distort trade
-
This part of the European Community Treaty is similar to taking advantage of their position to the detriment of consumers is from what article?
Article 82
What article of the United States Foreign Sovereign Immunities Act establishes comprehensive framework for determining whether a court in the US state or federal may exercise jurisdiction over a foreign state and Under the FSIA, “foreign state shall be immune from the jurisdicition of the courts of the US and of the states”,
-most significant exception is commercial exception.
FSIA of 1976, 28 USC Sect. 1602
