International Law Chapter 2
Nations that agree in writing in advance to submit certain cases to the ICJ are said to have submitted to
Compulsory jurisdiction
The primary source of customary international law rules for interpretation of treaties is:
Defined in the Vienna Convention on the Law of Treaties
The case of Liechtenstein v. Guatemala decided by the UCJ in 1955 focused on the concept of:
Diplomatic protection
An example of a treaty automatically creating legal rights in the courts of a signatory state includes
Montreal Convention for the Unification of Certain Rules for International Carriage by Air
A written and binding agreement between three or more countries given effect under international law is best described as
Multilateral treaty
A US citizen (individual or company) owes a duty to pay income taxes no matter where the income was earned. Which is the basis for exercise of this power to collect such tax by the United States?
Nationality jurisdiction
Nigeria is a member of the United Nations. As all members of the UN, it has ratified the Charter of the UN. It has a border despite with Chad that sues Nigeria in the International Court of Justice seeking an adjustment of its borders. Must Nigeria as a member be bound by the future decision of the ICJ in that case?
No, if it terminates any prior agreement to compulsory jurisdiction.
Joel is the leader of a criminal gang responsible for robbing over a dozen banks in Italy, killing several policemen, and in general terrorizing communities all over northern Italy. He is finally caught by the police. Can he be prosecuted in the International Criminal Court (ICC)?
No.
If you are asked which nations below are NOT a signatory to the Rome Statute of the International Criminal Court, which is best response: Iran, US, China, None
None of these states are signatories.
Susan is a US citizen. She owns a 50-acre tract of farmland in Mexico. Mexican law enforcement personnel constantly harass her, threaten to arrest her, and eventually detain her in a prison where she was tortured until she agrees to sell her land at a below-market price to local landowner. She angrily returns to the US and writes her elected officials asking the US government to help her and right the wrong she has suffered. Which is her best remedy or at least a place to start with reasonable prospect of a court remedy?
Seeking diplomatic protection from US government and asking it to file a case seeking damages in the appropriate forum.
A nation has clear power over all persons (civil and non-citizens), places and power within its geographical area, airspace or defined waters. This states the principle of
Territorial jurisdiction
Paul operates a vessel in international waters (i.e., in the high seas) off the coast of Texas. It acts as his floating base for illegal drug manufacturing operations, and after the drugs are made he sells his product to other individuals who come to his vessel and buys the drugs for which they will smuggle into the US and sell illegally. Paul is never at any time on US land, or within the US territorial sea or airspace. However, US law enforcement staff arrest him on the vessel. He is prosecuted in a US court on the basis of that court's:
Territorial jurisdiction based on "effects" inside US of Paul's acts
Which item below gives federal courts in the United states jurisdiction over civil claims for damages brought by non-US citizens for torts committed
US Alien Tort Statute
In the legal system of the UK and the USA, the reasoned decisions of judges become the law controlling the case, and the precedent of similar cases is binding on future cases. This is called:
the common law system
John is a citizen of the US. He enters into a contact with a French catering company called "Amuse Bouche" that caters events. They fail to fulfill their contract obligations to him. He looks for the law giving him a right to get a remedy (i.e., money damages). This dispute on its face appears to be a question of:`
private international law
Allen is a US citizen. He is a pirate and roams the Caribbean in his vessel with his fellow pirates looking for a vessel to attack. The "American Glory" is a vessel registered and operating under US laws. Allen's group of pirates boards that vessel and robs the passengers of all their cash and valuables. Allen departs the vessel with his loot and ultimately is captured in Brazil a month later where he is hiding out. He can be prosecuted in Brazil in the basis of the courts:
Universal jurisdiction.