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...
Tagged: reasoning
Haile Selassie v Cable and Wireless (UK) 1938
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...
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
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...
Bank of Ethiopia V. National Bank of Egypt and Liguori 1937
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...
The Gabcikovo-Nagymaros Project case, Hungary v. Slovakia (1997)
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...
Alabama Claims Arbitration 1872 (USA and UK)
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:...
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...
The Republic of Nicaragua v The United States of America 1986
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...
Temple of Preah Vihear (Cambodia v. Thailand, 1962, ICJ)
Temple of Preah Vihear (Cambodia v. Thailand, 1962, ICJ) Principle: Principle of acquiescence International law uses of principle of equity, which is a principle of law used in civilized nation and international law adopted...
