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...
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...
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 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...
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...
by Rayhanul Islam · Published July 2, 2016 · Last modified September 27, 2018
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 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) 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) 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) 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...
The Republic of Nicaragua v The United States of America 1986 Principle There is no customary rule in International Law permitting a State to exercise the right of collective self-defense in another country on...