1.The case arose when Cuba nationalized its sugar industry, taking control of sugar refineries and other companies in the wake of the Cuban revolution. A large number of Americans who had invested in those companies lost their investments without compensation when the Cuban government assumed control. However, despite the loss suffered by United States nationals, the Supreme Court upheld the validity of Cuba's domestic action and therefore rejected the claim of US nationals against Cuba for their lost investments.
Question: What principle of international law is applied by the U.S. Court regarding this matter?
Answer: Act of State doctrine.
2. What crimes are under the jurisdiction of the International Criminal Court?
Answer: For instance, the International Criminal Court was established to deal with the “most serious crimes of concern to the international community,” with jurisdiction over genocide, crimes against humanity, and war crimes, as defined in the Rome Statute.
3.What is jus cogens? Literally what is its meaning? Give examples of JUS COGENS.
. In international law, the term “jus cogens” (literally, “compelling law”) refers to norms that command peremptory authority, superseding conflicting treaties and custom. Jus cogens norms are considered peremptory in the sense that they are mandatory, do not admit derogation, and can be modified only by general international norms of equivalent authority.
The term erga omnes (Latin: in relation to everyone) in international law has been used as a legal term describing obligations owed by States towards the community of states as a whole. The concept was recognized by the ICJ in Barcelona Traction:
x x x an essential distinction should be drawn between the obligations of a State towards the international community as a whole, and those arising vis-à-vis another State in the field of diplomatic protection. By their very nature, the former are the concern of all States. In view of the importance of the rights involved, all States can be held to have a legal interest in their protection; they are obligations erga omnes.
Such obligations derive, for example, in contemporary international law, from the outlawing of acts of aggression, and of genocide, as also from the principles and rules concerning the basic rights of the human person, including protection from slavery and racial discrimination. Some of the corresponding rights of protection have entered into the body of general international law … others are conferred by international instruments of a universal or quasi-universal character.
6. Explain the principle of exterritoriality. Give examples of its application in international law.
EXTERRITORIALITY, a term of international law, used to denominate certain immunities from the application of the rule that every person is subject for all acts done within the boundaries of a state to its local laws. It is also employed to describe the quasi-extraterritorial position, to borrow the phrase of Grotius, of the dwelling-place of an accredited diplomatic agent, and of the public ships of one state while in the waters of another. Latterly its sense has been extended to all cases in which states refrain from enforcing their laws within their territorial jurisdiction. The cases recognized by the law of nations relate to: (I) the persons and belongings of foreign sovereigns, whether incognito or not; (2) the persons and belongings of ambassadors, ministers plenipotentiary, and other accredited diplomatic agents and their suites (but not consuls, except in some nonChristian countries, in which they sometimes have a diplomatic character); (3) public ships in foreign waters. Exterritoriality has also been granted by treaty to the subjects and citizens of contracting Christian states resident within the territory of certain non-Christian states. Lastly, it is held that when armies or regiments are allowed by a foreign state to cross its territory, they necessarily have exterritorial rights.
7.Under admiralty law, how is a “prize” defined? What is a letter of marque?
Prize is a term used in admiralty law to refer to equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and its cargo as a prize of war. In the past, it was common that the capturing force would be allotted a share of the worth of the captured prize. Nations often granted letters of marque which would entitle private parties to capture enemy property, usually ships. Once the ship was secured on friendly territory, it would be made the subject of a prize case, an in rem proceeding in which the court determined the status of the condemned property and the manner in which it was to be disposed of.
8. What are the four Geneva conventions? Please state them.
The Geneva Conventions are:
· First Geneva Convention "for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field" (first adopted in 1864, last revision in 1949)
· Second Geneva Convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea" (first adopted in 1949, successor of the 1907 Hague Convention X)
· Third Geneva Convention "relative to the Treatment of Prisoners of War" (first adopted in 1929, last revision in 1949)
· Fourth Geneva Convention "relative to the Protection of Civilian Persons in Time of War" (first adopted in 1949, based on parts of the 1907 Hague Convention IV)
9. State the basic principles of International Humanitarian Law (a) with respect to hors de combat (b) the Red Cross or Red Crescent (c) captured combatants (d) civilian population (e) wounded and sick
1. Persons hors de combat and those not taking part in hostilities shall be protected and treated humanely.
2. It is forbidden to kill or injure an enemy who surrenders or who is hors de combat.
3. The wounded and sick shall be cared for and protected by the party to the conflict which has them in its power. The emblem of the "Red Cross," or of the "Red Crescent," shall be required to be respected as the sign of protection.
4. Captured combatants and civilians must be protected against acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief.
5. No one shall be subjected to torture, corporal punishment or cruel or degrading treatment.
6. Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare.
7. Parties to a conflict shall at all times distinguish between the civilian population and combatants. Attacks shall be directed solely against military objectives.[22]
10. A treaty is defined as a formal agreement, usually but not necessarily in writing, which is entered into by states or entities possessing the treaty-making capacity for the purpose of regulating their mutual relations under the law of nations.
1.In a generic sense, what other words are equivalent to the term treaty?
2.From the viewpoint of international law, is treaty different from executive agreement? What about under municipal law?
3.What do you understand by the term pacta tertiis nec nocent nec prosunt?
4.State the exception to the principle of pacta sunt servanda.It is what is termed by Jessup as the “equivalent exception to the principle of pacta sunt servanda”, and also considered as one of the modes of terminating a treaty.
5.a travaux preparatories and protocol are some of the tools to be resorted in interpreting a treaty in case of doubt to its provisions.What is a travaux preparatories ? protocol?
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