subjects of IL

Question 1

state elements

Answer 1

• population
• territory
• government

Question 2

rights and obligations granted by nationality

Answer 2

• right of residence, to return, to participate
• tax duty and military service

Question 3

ius sanguinis

Answer 3

children acquire nationality of their parents

Question 4

ius soli

Answer 4

children acquire the nationality of the state of birth (in immigration countries)

Question 5

naturalization

Answer 5

voluntary acquisition of nationality, requires application and consent

Question 6

diplomatic protection

Answer 6

• Protection of the rights and interests of citizens of a state
  as well as legal persons and of ships and aircraft of its
  nationality vis-à-vis other states.
• only if the nationals exhausted local remedies

Question 7

Calvo clauses

Answer 7

• Latin American states demanded that foreign investors waive the right to exercise diplomatic protection by home state
  ! nationals cannot waive the exercise of diplomatic protection

Question 8

prerequisites for exercising diplomatic protection

Answer 8

(1) the people affected have the respective nationality at the time of the event and when the state exercises diplomatic protection
(2) exhaustion of local remedies in the violating state

Question 9

diplomatic protection of legal persons

Answer 9

(companies)
- determined by the place of incorporation (registered office)

Question 10

state territory

Answer 10

• surface of earth
• soil
• airspace

Question 11

condominium/coimperium

Answer 11

territorial sovereignty can be exercised jointly by several states

Question 12

international criminal law - principles

Answer 12

territoriality
personality

Question 13

effects doctrine = objective territoriality principle

Answer 13

states apply their substantive criminal law to acts:
- commited within their territory
- commited abroad but having effect in state

Question 14

active and passive
personality principle

Answer 14

active: state can punish its citizens for crimes they committed abroad
passive: states may punish especially serious crimes committed against its citizens by foreigners

Question 15

universality principle

Answer 15

states may exercise their criminal jurisdiction over foreigners who violated IL

Question 16

principle of vicarious jurisdiction

Answer 16

states can apply their criminal jurisdiction to people who commited crimes abroad but the state of the crime is unable or unwilling to conduct proper proceedings

Question 17

protectorate

Answer 17

a state concludes a treaty by which it confers foreign and defence policy to another state

Question 18

mandates and trust territories

Answer 18

League of Nations entrusted Turkish territories to victorious states as mandates, they were lates turned into trust territories of the UN administered by states acting as trustees
(the territories later exercised their right to external self determination)

Question 19

recognition of new states

Answer 19

merely declaratory effect, political significance and indicative effect

Question 20

acquisition of territory by states

Answer 20

originally - by occupation (of stateless territory) or annexation (of another state’s territory)

Question 21

cases of state succession

Answer 21

a) dissolution: state breaks up into new states
b) secession: part of the territory splits off from a continuing state against the will of the state
c) separation: part of the territory splits off with the continuing state’s consent

Question 22

merger

Answer 22

two or more states merge to form a new state

Question 23

incorporation/accession

Answer 23

a state is incorporated into another
(annexation - by force, contrary to IL)

Question 24

treaties succession in new states

Answer 24

• principle that treaties automatically transfer to a new state
• tabula rasa: in former colonies, clean slate position
• territorial treaties are automatically transferred
• assets divided proportionally
• no duty to pay odious debts

Question 25

state immunity

Answer 25

a state cannot be sued before national courts of another state

Question 26

jurisdictional immunity of states (Germany v Italy)

Answer 26

states do not enjoy immunity under customary law for torts committed in the forum state (state where case is filed) the ICJ held that there was no exception for violations of international human rights law or international humanitarian law to the customary international law rule providing for the immunity of a state from the jurisdiction of another state

Question 27

enforcement immunity

Answer 27

broader than immunity from jurisidiction (bigger influence on sovereinty) Many states still adopt measures against non-sovereign property, which characterisation depends primarily on purpose for which it is used.

Question 28

diplomatic immunity

Answer 28

diplomats of the sending state enjoy almost absolute immunity in the host state (not subject to jurisdiction without their state's consent)