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...
Author: Rayhanul Islam
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...
Corfu Channel Case (UK and Northern Ireland v. People’s Republic of Albania) ICJ 1949
Corfu Channel Case (UK and Northern Ireland v. People’s Republic of Albania) ICJ 194 Principle: The principle of the freedom of maritime communication. An international rout must be free from any danger, and the coastal...
Anglo – Norwegian Fisheries case (1951) ICJ Rep. 166
Anglo – Norwegian Fisheries case (1951) ICJ Rep. 166 Principle: The baseline can be calculated straightly linking the outmost points of the land. It is called straight baseline principle. Fact: In 1935 by a government...
Mighell v. Sultan of Johore. – [1894] 1 q.b.
Mighell v. Sultan of Johore Principle: Foreign sovereign shall be treated as independent sovereign and therefore have immunity form local jurisdiction. Diplomatic immunity. Fact: The Sultan’ s sovereign status was an issue in a...
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....
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...
Attorney General of the Government of Israel Vs Eichmann (1962)
Attorney General of the Government of Israel Vs Eichmann (1962) Principle: The universal principle (Jurisdiction). It recognizes that a sovereign can adopt criminal laws that apply to the person who has committed any crime...
Union Carbide Corporation (UCC) Bhopal vs Union Of India
Union Carbide Corporation (UCC) Bhopal vs Union Of India Principle: A state may exercise civil and criminal jurisdiction over its national on the basis that nationality is a mark of allegiance. Known as Active...
The Cutting Case, 1887, Mexico Vs USA
The Cutting Case, 1887, Mexico Vs USA PRINCIPLE: Any state can apply his jurisdiction beyond his territory on the foreign citizen if the act of foreign citizen is done, which was a violation of...
Submission for Attachment Before Judgment | Order 38 rule 5 of CPC
May It Please Your Honor This is an application under Order 38 rule 5 of Code of Civil Procedure for attachment before the judgment. Your Honor, the original suit was filed for realization of...
Case Note on The Chorzow Factory (Germany v Poland, 1928)
Introduction This is a case about violation of international agreement known as “The Chorzow Factory Case”. The question before the court was whether Poland can be made liable for such violation of an international...
10 Questions about International Humanitarian Law
How has ICRC defined International Humanitarian Law? International humanitarian law is a part of international law, a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects...
Deed of Partition | Sample
After the death of a person his/her property gets divided into many portions under the personal law or law of the inheritance, these portions of the property are divided among the family members, in...
Barcelona Traction Light and Power Co ltd (Belgium V Spain, ICJ 1970)
Barcelona Traction Light and Power Co ltd (Belgium V Spain, ICJ 1970) Principle: Companies are separate entity in the eye of law. Fact: The Barcelona Traction, Light and Power Co. Ltd., (hereinafter called Barcelona...
The Chorzow Factory Case (1928, Germany v Poland)
The Chorzow Factory Case (1928, Germany v Poland) Principle: It is a general principle of law as well as International law, that any breach of agreement creates an obligation to make reparation. Fact: There was an agreement between...
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...
Lotus Case (France V Turkey, PCIJ 1927)
Lotus Case (France V Turkey, PCIJ 1927) Principle: To be customary International Law there must be some legal obligation (Opinio Juris) or force to maintain the customs not because merely they want to. Fact:...
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...
The Scotia Case (USA vs. UK, 1871)
The Scotia Case (USA vs. UK, 1871) Principle: Some customs need not to be ancient to become an International law rather if it is specified and accepted and also maintained by numbers of nations...
