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Citation504 U.S. 607 (1992) Brief Fact Summary. A suit filed in a U.S. court on the premise that Argentina (D) defaulted on the bonds it had issued was strongly contended by Argentina (D). Synopsis of Rule of Law. When a foreign government defaults on its bonds, such foreign government may be amenable to suit in a U.S. court. ...

CitationRepublic of Aus. v. Altmann, 541 U.S. 677, 124 S. Ct. 2240, 159 L. Ed. 2d 1, 2004 U.S. LEXIS 4030, 72 U.S.L.W. 4423, 17 Fla. L. Weekly Fed. S 333 (U.S. June 7, 2004) Brief Fact Summary. The United States federal courts hearing of an action brought by Altmann (P) was strongly contended by Austria (D) on the premise that the United States federal courts did not have the jurisdiction to entertain the case. Austria also claimed that the displayed art in an Austrian Museum which was highly valuable was obtained unlawfully during and after the World War II and that the art rightly belonge ...

View this case and other resources at: Citation. App. Chamber, Int’l Crim. Trib. For former Yugoslavia, 1992 Case No. IT-94-1-AR72, 35 I.L.M. 32 (1996) Brief Fact Summary. The claim Tadic (D) brought before the Court was that the Security Council did not have the authority to establish an international criminal tribunal. Synopsis of Rule of Law. The Security Council enjoys a wide margin of discretion in choosing the course of action once it determines that a particular situation poses a threat to peace. ...

View this case and other resources at: Citation. I.C.J. 1986 I.C.J. 554. Brief Fact Summary. A question pertaining to a border dispute was tabled before the International Court of Justice by Burkina Faso and Mali. Synopsis of Rule of Law. An obligation exists to respect pre-existing international frontiers in the event of a state succession. ...

View this case and other resources at: Citation. I.C.J., 1986 I.C.J. 554. Brief Fact Summary. A declaration made by the Malian Head of State was interpreted to be a unilateral act. Synopsis of Rule of Law. States are bound by the terms of unilateral declarations made by head of state only when the intention confers on the declaration, the character of a legal undertaking. ...

CitationInt’l Crim. Tribunal for the Former Yugoslavia, Decision on Interlocutory Appeal on Jurisdiction, 1995. Appeals Chamber, Case No. IT-94-1-ar72, 35 I.L.M. 32 (1996) Brief Fact Summary. For committing war crimes at a Serb-run concentration camp in Bosnia-Herzegovina, Tadic (D) was prosecuted in court. Synopsis of Rule of Law. Plea against the International Tribunal jurisdiction can be examined by the International Tribunal based on the invalidity of its establishment by the Security Council. ...

Citation1997 I.C.J. 7, reprinted in 37 I.L.M. 162 (1998) Brief Fact Summary. Hungary (P) claimed that Czechoslovakia (D) violated the provisions of a treaty when it appropriated the waters of the Danube River to construct a dam. Synopsis of Rule of Law. Watercourse states shall participate in the use, development and protection of an international watercourse in an equitable and reasonable manner. ...

View this case and other resources at: Citation. I.C.J., 1996 I.C.J. 226 Brief Fact Summary. The use of nuclear weapons in any form would be unlawful by reference to existing norms relating to the safeguarding and protection of the environment. This position is based on the arguments of certain states. Synopsis of Rule of Law. The use of nuclear weapons is not specifically prohibited by international law relating to the protection and safeguarding of the environment. ...

CitationArbitral Trib., 3 U.N. Rep. Int’l Arb. Awards 1905 (1941) Brief Fact Summary. The United States (P) sought damages from Canada by suing them to court and also prayed for an injunction for air pollution in the state of Washington, by the Trail Smelter, a Canadian corporation which is domiciled in Canada (D). Synopsis of Rule of Law. The duty to protect other states against harmful acts by individuals from within its jurisdiction at all times is the responsibility of a state. ...

Citation17 I.L.M. 1; (1978) Citation. Int’l Arbitral Award, 104 J. Droit Int’l 350 (1977), translated in 17 I.L.M. 1 (1978) Brief Fact Summary. A decree which attempted to nationalize all of Texaco’s (P) rights, interest and property in Libya was promulgated by Libya (D). Synopsis of Rule of Law. Whenever reference is been made to general principles of law in the international arbitration context, it is always held to be a sufficient criterion for the internationalization of a contract. ...

View this case and other resources at: Citation. Int’l Centre for Settlement of Investment Disputes, ICSID Case No. ARB (AF)/00/2, Award, 43 I.L.M. 133 (2004). Brief Fact Summary. A suit was filed against Mexico (D) by Technicas Medioambientales Tecmed S.A. (Claimant) (P) a Spanish company, on the premise that its investment in Tecmed, Technicas Medioambientales de Mexico, S.A, a Mexican company, which also owned Cytrar, S.A. de C.V. (Cytrar) a Mexican company too, was expropriated by Mexico (D) by refusing to renew Cytrar’s annual license to run a hazardous industrial waste landfil ...

CitationChuidian v. Philippine Nat’l Bank, 912 F.2d 1095, 1990 U.S. App. LEXIS 15176 (9th Cir. Cal. Aug. 29, 1990) Brief Fact Summary. The instruction Daza (D) gave a Philippine bank, which was “not to a letter of credit issued by the Republic of the Philippine to Chuidian (P) was the basis for Chuidian (P) suit against Daza(D). Synopsis of Rule of Law. As contained in the Foreign Sovereign Immunities Act of 1979 (FSIA), foreign officials who are acting in an official capacity can claim sovereign immunities. ...

View this case and other resources at: Citation. I.C.J. 1949 I.C.J 4. 22 Brief Fact Summary. The fact that the Albanian (P) authorities did not make the presence of mines in its waters was the basis of the United Kingdom (D) claim against them. Synopsis of Rule of Law. International obligations in peace time are created through elementary consideration. ...

CitationSosa v. Alvarez-Machain, 542 U.S. 692, 124 S. Ct. 2739, 159 L. Ed. 2d 718, 2004 U.S. LEXIS 4763, 72 U.S.L.W. 4660, 158 Oil & Gas Rep. 601, 2004 Fla. L. Weekly Fed. S 515 (U.S. June 29, 2004) Brief Fact Summary. Alvarez-Machain (P) argued he was detained against his will by bounty hunter and brought to the United States. Synopsis of Rule of Law. The abduction of a foreign national does not amount to an “arbitrary arrest†within the meaning of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. ...

View this case and other resources at: Citation. Sup. Ct. of Canada 2 S.C.R. 217. 37 I.L.M. 1340 (1998) Brief Fact Summary. Quebec attempted to secede from Canada.   Synopsis of Rule of Law. The right of a people to self-determination cannot be said to ground a right to unilateral secession.   ...

View this case and other resources at: Citation. France-New Zealand Arbitration Tribunal, 82 I.L.R. 500 (1990). Brief Fact Summary. Two agents, who were convicted of destroying a ship docked in New Zealand, were removed by France on the premise that they required emergency medical treatment. Synopsis of Rule of Law. The wrongfulness of an act of a state not in consonance with an international obligation is precluded by the “distress” of the author state if there exists a situation of extreme peril in which the organ of the state has, at that particular moment, no means of savi ...

CitationPermanent Mission of India to the UN v. City of New York, 551 U.S. 193, 127 S. Ct. 2352, 168 L. Ed. 2d 85, 2007 U.S. LEXIS 7720, 75 U.S.L.W. 4433, 20 Fla. L. Weekly Fed. S 350 (U.S. June 14, 2007) Brief Fact Summary. When New YORK City (City) (P) sought declaratory judgments for tax liens it had on buildings owned by India (D) and Mongolia (D) which were valid to the extent the building were used to accommodate diplomatic employees, India (D)and Mongolia (D) contended that they were immune under the Foreign Sovereign Immunities Act from New York City’s suit. Synopsis of Rule o ...

CitationI.C.J. 1974 I.C.J. 253, 457 Brief Fact Summary. Australia and New Zealand (P) requested France (D) to put an halt to atmospheric nuclear test in the South Pacific. Synopsis of Rule of Law. Declaration made through unilateral acts may have the effect of creating legal obligations. ...

View this case and other resources at: Citation. I.C.J. 1955, I.C.J., 4 (1955) Brief Fact Summary. A month after the start of World War II, Nottebohn (P), a German citizen who had lived in Guatemala (D) for 34 years, applied for Liechtenstein (P) citizenship. Synopsis of Rule of Law. Nationality may be disregarded by other states where it is clear that it was a mere device since the nationality conferred on a party is normally only the concerns of that nation ...

CitationI.C.J. 1984 I.C.J. 39 Brief Fact Summary. Nicaragua (P) brought a suit against the United States (D) on the ground that the United States (D) was responsible for illegal military and paramilitary activities in and against Nicaragua. The jurisdiction of the International Court of Justice to entertain the case as well as the admissibility of Nicaragua’s (P) application to the I.C.J. was challenged by the United States (D). Synopsis of Rule of Law. Nicaragua (P) brought a suit against the United States (D) on the ground that the United States (D) was responsible for illegal milit ...

View this case and other resources at: Citation. I.C.J. 2004 I.C.J 1307 Brief Fact Summary. A claim against various NATO states (D) including the United Kingdom (D) was brought before the International Court of Justice by the Federal Republic of Yugoslavia (Serbia and Montenegro) (F.R.Y.) (P) in 1999. The I.C.J. first considered the issue of jurisdiction. Synopsis of Rule of Law. The legal position of a state within the United Nations must be determined and clearly defined by the competent organs of the United Nations. ...

View this case and other resources at: Citation. I.C.J. Advisory Opinion, 1996 I.C.J. 226 Brief Fact Summary. A request of advisory opinions from the International Court of Justice regarding the legality of nuclear weapons was made by the General assembly and World Health Organization. Synopsis of Rule of Law. At the request of whatever body which may be authorized by or in accordance with the Charter of the United Nations to make such a request, the international Court of Justice may give an advisory opinion on any legal question. ...

View this case and other resources at: Citation. Court of Int’l Justice, 1993 P.C.I.J. (ser. A/B) No. 53 at 71 Brief Fact Summary. The statement made by the Norwegian Minister was claimed to be binding on his country by Denmark (P). Synopsis of Rule of Law.  A country is bound by the reply given on its behalf by its Minister of Foreign Affairs. ...

CitationI.C.J. 2001 I.C.J. 466 Brief Fact Summary. A suit against the United States (D) was filed by Germany (P) in the International Court of Justice, claiming the U.S. law enforcement agent failed to advice aliens upon their arrests of their rights under the Vienna Convention. Synopsis of Rule of Law. A state that breaches its obligations to another under the Vienna Convention on Consular Relations by failing to inform an arrested alien of the right to consular notification and to provide judicial review of the alien’s conviction and sentence also violate individual rights held ...

View this case and other resources at: Citation. No. 32-A/18-FT, 5 Iran-U.S. Cl. Trib. Rep. 251 (1984-1) Brief Fact Summary. A suit was filed against Iran (D) in an arbitral tribunal in the Hague by people with dual Iranian-U.S. citizenship (P) under a claim Settlement Declaration, which was part of the Algiers Accords reached in the aftermath of the 1979 Iranian seizure of U.S. diplomatic and consular personnel in Iran (D) as hostages. The jurisdiction of the tribunal was however challenged by Iran. Synopsis of Rule of Law. If the dominant and effective nationality of the claimant is that ...