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| Golder was a british citizen arrested for robbery, sentenced to 15yrs. After 4yrs, accused of an altercation with a guard. Actually innocent, sent letters to his representative. After released discovered the letters were not sent due to british law which permitted holding mail of convicts. European court of human rights ruled in favor of Golder based on the freedom of prisoners to have access to representation. UK changed domestic law to conform to the ruling. |
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| Illegal immigrant convicted of murder in Texas. Authorities did not consult with the Mexican consulate because they didn't know he was an illegal immigrant. Mexico sued the US in the ICJ for violation of an extradition treaty. ICJ ruled in favor of Mexico but the supreme court ignored the ruling saying that, "treaties that are not self-executing are not valid" |
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| Queen of Holland v. Drukker (1928) |
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| Drukker was the owner of an estate under probate. The queen of Holland wanted to tax the estate to which UK refused. Ruling in favor of Drukker because Netherlands cannot supersede UK's sovereignty. |
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| WW1 victors sue Germany for not allowing the Kiel canal to be used by British vessels to give Poland weapons to fight the Russians. Ruling against Germany based on the previously signed Versailles treaty; which gave up German sovereignty of the Kiel Canal. |
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| Goldwater v. Carter (1979) |
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Supreme Court -
Carter wanted to unilaterally de-recognize the statehood of Taiwan in order to curry favor with China. Sen. Goldwater sued Carter. The court refused to hear the case before passage of a resolution by congress. |
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| Paquette Habana v. USA (1900) |
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Supreme court -
Reflects customary law
In 1898, the US Navy captured 2 privately owned Cuban fishing vessels and sold them. The fisherman sued the Navy in the US. Ruling in favor of the fisherman based on the customary law of respecting private vessels even during times of war, based on the understanding of MARE LIBERUM. Eminent domain caused the ruling in favor of the fisherman and the navy had to reimburse them for the vessels. |
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Supreme Court -
British vessel collided with a US vessel. They sue in the US saying that america violated customary law by not having more than a sole white light on the deck. The rest of the sea fairing nations used white, green and red lights. Ruling in favor of the Brits based on violation of customary law. |
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| Peruvian rebel in Peru, sought refuge in Colombian embassy. Was Colombia required to extradite the rebel even in the absence of a treaty? No, because of the absence of constant uniform usage in the situation. |
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| English rebel fighting in preindependence Canada, used a boat supplied by the Americans (the Carolina) for ferrying people for the war effort. Brits blow up the boat killing an American. US charged the person that blew up the ship, UK protested saying it was not a crime that could be personally applied to the defendant.. that the state was responsible. Having used self defense in the case, self defense became customary law and was defined. |
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PCIJ -
Germany was punished in the Versailles treaty with reparations. Charzow factory was privately owned, but confiscated as a reparation. Ruling based on the domestic American law principle (the Hull rule). - Fair and just compensation is a general principle. |
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IACHR -
16yr old convicted of murder. IACHR ruled that there was jus cogens against death penalty for juveniles. |
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| Reiterated same ruling in the Dominguez v. USA case. |
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ICJ -
General assembly called upon the security council to condemn the Israeli construction. Ergo omnes defense based upon the denial of self determination. Israel refused to attend because the ICJ would not take into consideration the terrorist acts stemming from the West Bank. They dropped a charred bus from a terrorsit attack infront of the peace palace. ICJ ruled against Israel, in response they altered the wall. |
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PCIJ -
Belgium v. Netherlands
Old treaty said that Belgium could divert water from the Meuse river, Netherlands said they were taking too much. Ruling in favor of Belgium, saying that countries can use their resources as they please as long as they don't harm another country based on the principle of ex aequo et bono. |
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ICJ -
Territorial dispute between India and Pakistan. Adjudication withheld. Countries were asked to make arguments based on ex aequo et bono. |
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| Mortensen v. Peters (1906) |
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High court of Scotland -
Otter clubbing case -
Foreign fisherman caught 70 miles off the coast (Int'l Waters). Ruling was that UK sovereignty superseded MARE LIBERUM. |
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| Missouri v. Holland (1920) |
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Supreme Court -
Congress was disgruntled that the migratory nature of birds left them outside the scope of congressional control. Congress used a treaty signed with the UK as backing for domestic policy change. The implication is that a foreign treaty can be used to manipulate domestic law (assuming it's not unconstitutional). |
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