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Definition
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| People V Stralla and Adams |
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Definition
| Gambling ship in the United States bay. US Law applis in port but not on the high seas, however since this boat was within the 24 mile bay of US it fell within US's jurisdiction and those on the ship were charged with gambling crims. |
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| Florida VS Palm Beach Princess (2002) |
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Definition
| This ship didn't reach the high seas until later and used "Intended bets" which was a form of gambling. However the courts ruled that it wasn't gambling and therefore not legal to charge. |
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Definition
| Both sets of state laws apply |
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| US Citizen on British Ship in French waters where this US Citizen ( Anderson ) commited a murder. The defense appealed forum non convinien but British argued for concurrent jurisdiction and the court upheld it. |
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| 3 Restrictions for the high seas |
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Definition
1. Fishing nets
2. Piracy
3. Unauthorized Noises |
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Definition
| Belgian Ship In Foreign waters. Court ruled in favor of concurrent jurisdiction |
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| Canadian liquor smuggling ship that operated in Loisiana, sited and called in by US ships and the ship tries to escape tot he high seas. Pursuit went cold and it wasnt legal to chase after that. |
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| Legal binding contract to drop people in liverpool but failed to drop them in other ports upon request. Though he had a contract, he was charged for "Imprisonment" |
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| Crew member who is Philiipine killed italian crewmember and the boat was flagged to Panama. Jurisdiction given to Panama since ship was flagged to them. |
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| French and Turk ship collide on the high seas and turk's towed the french ship ( lotus ) back to port. Does Turkey have the jurisdiction to do that? Yes because there is no law against it so the turk's action is legal. |
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Definition
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Term
| Law of the sea convention 1958-1980's |
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Definition
Established Jurisdiction based on zones
Internal waters
Territotial seas ( 12 miles )
Contiguous zone ( 24 miles total )
Exclusive Economic Zone (200 miles ) |
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Definition
| Albanian mines in waters caused heavy damage to British ships. Britain sues Albania and Albania was responsible for those mines in its territorial seas. |
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| US Royal Carribean Cruise Lines |
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Definition
| Cruiseship dumped garbage and got fined 18 million by the courts |
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Term
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Definition
| Greek Islands with a 3 mile radius own 43% of the sea while a 12m radius gives them 75% of the sea. Turkey did not like this at all. Tensions grew. |
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Term
| US Navy V Richard Stienmetz |
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Definition
| Stienmetz tried to sell a bell belonging to the US Navy and was considered Naval property |
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Term
| The Deliverance( Spain v Subsea Research) |
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Definition
| French Ship Chartered by spain and subsea research owned it. Spain sued in US Court "Military is Military" and it was ruled as property of spain. |
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Definition
| Kingdom of Spain filed claims contending the sunken treasure was taken from a Spanish sovereign ship in Spanish waters, and is therefore the property of Spain. However, Odyssey has stated clearly that the recovery was conducted in conformity with Salvage Law and the Law of the Sea Convention, beyond the territorial waters or contiguous zone of any country. Spain has since conceded that the treasure was not found in Spanish waters. Odyssey is confident in its position that the recovery is not subject to sovereign immunity. |
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Term
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Definition
1 Res communis
2 Us que ad coelum - Sovereignty extends to the heavens
3. Cealing rule
4. Limited Sovereignty |
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Definition
| Plane landing early to make it ontop to see a soccer game. "Not a genuine distress" minor charges. |
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Definition
| Cant enter w/o permission |
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Definition
| Gary Francis Powers flying a U2 aircraft to spy on soviets and was shot down while in soviet airspace. Since spy planes are military it is illegal for them to be in another sovereign territories land without permission. |
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Term
| Stances on Planes in your airspace |
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Definition
1.No right to attack ( ICAO )
2. Right to destroy ( USSR )
3. Middle ground, Lissitzyn principle - sides with USSR right to destroy |
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Term
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Definition
1) Location
2) Intent
(States have no sovereignty over other states ) |
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Term
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Definition
No domestic law to deal with it
(Territorial principle )
The statutory bases for jurisdiction alleged in the information are respectively (a) the act forbidding striking, wounding and beating and simple assault within the admiralty and maritime jurisdiction of the United States,
1) that on August 2, 1948 Cordova assaulted one Machada, pilot of an airplane owned by Flying Tigers, Inc., an American corporation, while the plane was flying over the high seas from San Juan, Puerto Rico, to New York; 2) that at the same time and place Cordova assaulted one Santiago, stewardess of the air carrier; 3) that at the same time and place Cordova assaulted the codefendant Santano; and 4) that at the same time and place Santano assaulted Cordova. |
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Term
| Airspace Institutions 1945 |
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Definition
ICAO has monopoly over rule making
1 Tabula Rasa
2 Nonpolitical |
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Term
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Definition
1957 Sputnik Satellite presents Ribuk Sik Stantibus
1 Navigable airspace
2. Uniform Ceiling ( 60,000 ft ) later changed to 72,000 ft
Made up of Outer space charged, a regime or collection of laws and documents theat apply to a specific field => 1958 UN Copuos Series of GA Res communis
and that it is State responsibility, State jurisdiction to retain property, and act as envoys of mankind
1967 outer space magna carta - Peaceful uses of outer space |
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Term
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Definition
| Soviet satelite crashed into canada causing damage. Soviets wrote Canada a check and assumed full responsibility. |
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Term
| US V Rosen ( Lucite Ball ) 2002 |
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Definition
| Nixon gave Honduras a gift ( Lucite Ball, a fleck of moon rock ). Mr Rosen bought it from a Honduras General and US laid claim to the rock once they knew it was in Mr Rosen's possession. It belonged to US |
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Term
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Definition
1961 Antarctic treaty
No ones territory
No Nuclear tests
No Radioactive material
1991 Ban on Mining for 50 years. |
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Term
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Definition
| New Access to 25% of earths energy in the arctic |
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Term
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Definition
| 250 miles which can be extended to 350 miles if mentioned within 10 years of the treaty |
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Term
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Definition
Son tortured and dies, Sister goes to US court
1 Foreign soil
2 immunit as state official
3 Arc of state
Ruled that US Has Jurisdiction over aliens who have guilt in foreign affairs |
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Term
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Definition
1. Negitive ( Political, Civil )
2. Positive ( Economic, Social )
3. Group ( Nukes )
Violations of HR - Economic, Political, Cultural, The General Assembly created rights to protect against this. |
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Definition
| Eugenics case - sterolized without permission, no jurisdiction. |
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Term
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Definition
| "Its better for the world that only 2 generations of imbeciles are allowed into this world " |
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Term
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Definition
"Can't just lock someone up "
established individuals as legal persons |
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Term
| Greensboro TC and African Court of Human rights |
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Definition
*Failed to provide rememdy
*Failed to protect people ( State responsibility ) |
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Definition
| Railroad conductor tried and convicted for smuggling, fled to United States and wanted US to sue mexico on his behalf. He was guilty but more importantly the court established that "Mexico Must give Americans proper remedy" |
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Term
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Definition
| Sues Brits, Brits argue they arrived as fast as they could and the case was dismissed. |
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Term
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Definition
1. Nationalization - taking of property by a sovereign govt
2. Calvo Doctrine
3. losing FDI illegally ( state remedy required ) Drago Doctrine
4. Taking of property can violate treaty
5. compensation
6. no discrimination
7. taking must be for reasons of public security |
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Term
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Definition
IL > DL
Prevention > Punishment
*Transnational
Principles
1. Precautionary Principle
2. Polluter pays
3. Sustainability
4. Common heritage
5. EIA
( can't harm neighbor) and no incremental or sudden degradation |
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Term
| Lac Lenoux 1957 France V Spain |
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Definition
| Hydro elective Plant moving water away from Spain. Spain Sues France but since they are compensated and unaffected, Court rules that France's actions are legal. |
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Definition
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Term
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Definition
Laws of War - State ( Hague ) and individuals ( Geneva ) both are crimes against humanity
Laws of Peace - Individuals ( human rights ) State ( outer space jurisdiction ) |
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Term
| International Humanitarian Law |
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Definition
Protects against Crimes against humanity
promotes peaceful settlement of disputes
(Legal war) Justifyable, NonJustifyable ( Non legal )
Goal = Prevent war |
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Term
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Definition
1.Diplomacy
2. Good offices ( neutral location )
3. Mediation - messanger who participates and offers concrete proposal
4. Arbitration
5 Commision of inquiry
6. Commision of conciliation
7. Adjudication
8. Int organizations |
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Term
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Definition
| Who pays peacekeeper salary? Seperate Budget established. Provided avenue for not losing the Russians |
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Term
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Definition
1. Condemnation
2 Rupture of Relations
3. Withdrwaal from Commitments
4. Refusal to seat
5. retorsion- legal unfriendly act
6. Reprisal
7 Anticipatory reprisal |
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Term
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Definition
1. Condemnation
2 Rupture of Relations
3. Withdrwaal from Commitments
4. Refusal to seat
5. retorsion- legal unfriendly act
6. Reprisal
7 Anticipatory reprisal |
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Term
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Definition
1. Actions of reprising country must end the moment the state it attacks settles down
2. reprisal cant be a reponse to a reprisal
3. no harm to thurt party
4. proportion
5. Last resort |
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Term
| Naulila Incident ( Portugal vs Germany ) |
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Definition
| During WW1 Portugese shoot german soldiar and officer, Germans attacked the portugese fort for it. Ruled in favor of Portugal. |
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Term
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Definition
| Hostages were taken by Israel and the PLO demanded they were released. Israelie unit stormed the unit and flew the hostages out. Uganda sovereignty was harmed. |
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Term
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Definition
| When does war begin? At hostilities. |
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Term
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Definition
A. Conscience of humanity must be shocked
B. No other remedy
C. Sole intent |
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Term
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Definition
Set of questions
1. Has a wrong been commited?
2. Can the wrong be corrected by war?
3. Non military avenues been exausted?
4. Is there a reasonable chance of success? |
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Term
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Definition
1. War parralels morality
2. contradictory
3. Essential |
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Term
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Definition
1.Weopan
2. Badge
3. Building of command.
4.Respects rules of armed conflict
No interogations allowed, no charges, no prosectution. Keeps all but weapon.
MUST BE RELIEVED WHEN WAR IS OVER |
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Definition
| Can be interrogated and prosecuted, and are released after judgement |
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Definition
| escaped on a train, stole 3 things ( cig, gum, perfume ) released and prosecuted in canadian jail. It is not illegal to escape as a POV. |
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Term
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Definition
1 Discrimination
2. Proportionality
3. Remedy - cannot be tretcherous
4. Unneeded suffering
5. Martins clause - "Until a more complete system is developed law protects civilians from specific harm ) |
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Definition
| dutchmen caught by germans and enlisted in army, tried to escape but was shot. Dr Pilz let him die and was tried for war crime. |
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Term
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Definition
1 Warcrimes ( individual vs individ)
2. Crimes vs humanity
3. criems against peace
Milosevic dead before verdict was issued |
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Term
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Definition
1. United nations security council
2. Bilatieral immunity act
3. Amer service member protection act ( prohibited ICC cooperation
no military assistance to ICC countries
prohibits cooperation
and allows president to invade netherlands if a US citizen is being tried. |
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