Category: International Law

International Law – আন্তর্জাতিক আইন

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OPINIO JURIS

What is opinio juris? 1. Article 38 (1) (b) of the Statute of the International Court of Justice explains customary international law as comprising of “(1) a general practice (2) accepted as law”. The general...

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Treaty and related terms of International Law

Treaty The Vienna Convention on the Law of Treaties defines a treaty as “an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in...

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The Tinoco Arbitration Award 1923

The Tinoco Arbitration Award 1923 Principle: non-recognition of a government do not outweigh the evidence of the de facto status a government. Fact: The “Tinoco regime” came to power through a coup in Costa...

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The Arantzazu Mendi Case (UK) 1939

The Arantzazu Mendi Case (UK) 1939 Principle: When there is effective control over the territory of a government of de fecto (recognition) a foreign court can not apply its jurisdiction over its matter. Fact:...

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Luther v Sagor (UK) 1921

Luther v Sagor (UK) 1921 Principle: Once a government is recognized, its acts will be granted validity, even those prior to its recognition, known as retrospective effect. Fact: Luther was a British Citizen used...

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R v Mill (1995)

R v Mill (1995) Principle: A mother ship though out of the EEZ might be hot pursuited, if one of its boats or other craft working as a team and using that mother ship...

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The I’m Alone (1935)

The I’m Alone (1935) Principle: Hot Pursuit must be continuous. Fact: In 1929 a Canadian registered ship named “I am alone” was smuggling into the inline sea of USA. USA naval police signal it...

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San Yat Sen Incident Case 1886

San Yat Sen Incident Case 1886 Principle: No country can interfere the matters of another sovereign country, including the affairs of his diplomatic immunity. Fact: Sun Yat Sen was Chinese Revolutionary, he managed to escape...

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