Legal education, Lawyers & Legal Aid
International Humanitarian Law
by Rayhanul Islam · Published February 13, 2017 · Last modified May 21, 2018
What is International Humanitarian Law (IHL)? International humanitarian law is part of the body of international law that governs relations between States. IHL aims to limit the effects of armed conflicts for humanitarian reasons....
by Rayhanul Islam · Published September 21, 2016 · Last modified May 21, 2018
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...
by Rayhanul Islam · Published September 21, 2016 · Last modified June 17, 2020
Haile Selassie v Cable and Wireless (UK) 1938 Principle De jure recognition has a retrospective effect. When a county grant recognition of a foreign government it does it with retrospective effect, therefore, any legal...
by Rayhanul Islam · Published September 21, 2016 · Last modified May 23, 2020
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:...
by Rayhanul Islam · Published September 21, 2016 · Last modified May 28, 2020
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...
by Rayhanul Islam · Published September 21, 2016 · Last modified May 21, 2018
Bank of Ethiopia V. National Bank of Egypt and Liguori 1937 Principle: To be a de facto government that government must have effective control over the territory. Fact: An Italian decree promulgated after the capture...
by Rayhanul Islam · Published September 20, 2016 · Last modified May 21, 2018
The Gabcikovo-Nagymaros Project case, Hungary v. Slovakia (1997) Facts: The Gabčíkovo–Nagymaros Dams project. Initiated by the Budapest Treaty of 16 September 1977 between the Czechoslovak Socialist Republic and the People’s Republic of Hungary.Only a...
by Rayhanul Islam · Published September 20, 2016 · Last modified May 21, 2018
Alabama Claims Arbitration 1872 (USA and UK) Principle: No state can deny the international responsibilities using his domestic law as a shield. But the state law have to connection in the International Law. Fact:...
by Rayhanul Islam · Published September 18, 2016 · Last modified May 21, 2018
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...
by Rayhanul Islam · Published September 18, 2016 · Last modified May 21, 2018
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...
International Law / Case / Law of the Sea
by Rayhanul Islam · Published September 18, 2016 · Last modified May 21, 2018
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...
International Law / Case / Law of the Sea
by Rayhanul Islam · Published September 17, 2016 · Last modified July 22, 2020
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...
by Rayhanul Islam · Published September 17, 2016 · Last modified May 21, 2018
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...
by Rayhanul Islam · Published September 12, 2016 · Last modified May 21, 2018
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....
by Rayhanul Islam · Published September 5, 2016 · Last modified May 21, 2018
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...
by Rayhanul Islam · Published September 1, 2016 · Last modified September 27, 2018
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...
The operation of laws upon persons existing beyond the limits of the enacting state or nation but who are still amenable to its laws. Jurisdiction exercised by a nation in other countries by treaty, or...
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...
by Rayhanul Islam · Published August 26, 2016 · Last modified November 27, 2019
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...
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...
