Tagged: Public International law

The Tinoco Arbitration Award 1923 3

The Tinoco Arbitration Award 1923

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

The Arantzazu Mendi Case 1

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 facto (recognition) a foreign court can not apply its jurisdiction over its matter. Fact:...

Luther v Sagor (UK) 1921 0

Luther v Sagor (UK) 1921

Luther v Sagor (UK) 1921   Principle Once a government is recognized, its acts will be granted as valid (by De-Facto recognization), even those prior to its recognition, known as the retrospective effect. Act...

Ship 0

The M/V Saiga (No. 2) case

The M/V Saiga (No. 2) case Principle: To hot pursuit, the rules of hot pursuit under Article 111 of  United Nations Convention on the Law of the Sea must be followed. Fact: Guinea used...

Ship 0

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...

law scale 0

United States v. Yunis 924 F.2d 1086 (1991)

United States v. Yunis  924 F.2d 1086 (1991) Principle: Passive nationality principle; a state may assume extra-territorial jurisdiction over aliens if that person cause suffering, injury or a civil damage is its national. Fact: Mr....

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Re Castioni, 1891, Queen Bench Division

Re Castioni, 1891, Queen Bench Division Principle: When the offence is political offence by its nature, the offender may not be extradited. Facts:  Mr Castioni was a switch citizen. He killed a municipal councilor during...

North Sea Continental Shelf case 0

North Sea Continental Shelf case

North Sea Continental Shelf cases, ICJ Reps, 1969, p. 3 at 44 Principle: Ratification after signature is required to consequently make that party liable to obey the treaty. Fact: On 1 December 1964, the Federal Republic...

Asylum Case (Columbia v. Peru, 1950) 0

Asylum Case (Columbia v. Peru, 1950)

Asylum Case (Columbia v. Peru, 1950) Principle: For Custom to be definitively proven, it must be continuously and uniformly executed. Fact: Peru issued an arrest warrant against Victor Raul Haya de la Torre “in...