Category: Case

Case | Cases of public international law, private international law, case discussion, summery, case brief. etc

Savarkar 0

The Savarkar Case, 1911

The Savarkar Case, 1911, France v the UK PRINCIPLE: Once asylum is refused and returned to the native authority can not be extradited back as asylum holder. Once a request of asylum is refused or...

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....

abstract 0

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...