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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 (P) argued that he was held against his will by bounty hunters and brought to the United States. Synopsis of Rule of Law. International law is part of U.S. law. ...

View this case and other resources at: Citation. I.C.J., 1984 I.C.J. 392 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. (1) The jurisdiction to entertain a dispute between two states if each accepted the Court ...

View this case and other resources at: Citation. I.C.J. 1997 I.C.J. 7 Brief Fact Summary. Siting ecological necessity and fundamentally changed circumstances, Hungary (P) claimed that it could terminate a treaty for the construction of a system of dams and other works on the Danube River. Synopsis of Rule of Law. The corpus of international law which relates to the environment now consists of the general obligation of states to ensure that activities within their jurisdiction and control respects the environment of other states or areas beyond national control. ...

View this case and other resources at: Citation. I.C.J., 1949 1.C.J.4. Brief Fact Summary. The right to send its warship through the straits used for international navigations was the claim put forward by the United Kingdom (P). Synopsis of Rule of Law. The geographical situation connecting two parts of the high seas and not the fact of its being used for international navigation is the test of whether a channel should be considered as belonging to the class of international highways through which passage cannot be prohibited by a coastal state in time of peace. ...

View this case and other resources at: Citation. 1997 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. ...

CitationNational Petrochemical Co. v. M/T Stolt Sheaf, 860 F.2d 551, 1988 U.S. App. LEXIS 14665, 1989 AMC 9 (2d Cir. N.Y. Oct. 31, 1988) Brief Fact Summary. A suit which was brought by an Iranian corporation (P) in a U.S. federal court was dismissed by the district court on the premise that the United States had never extended recognition to the Islamic Republic of Iran. The Iranian corporation was the plaintiff in the case. Synopsis of Rule of Law. If a foreign government has not been formally recognized by the United States, such foreign government is not necessarily barred from access to ...

CitationUnited States v. Flores, 289 U.S. 137, 53 S. Ct. 580, 77 L. Ed. 1086, 1933 U.S. LEXIS 172 (U.S. Apr. 10, 1933) Brief Fact Summary. For the crime committed overseas, the court held that it lacked jurisdiction. Synopsis of Rule of Law. While within foreign waters, where the local sovereign has not asserted its jurisdiction, the United States (P) may define and punish offenses committed by its own citizens on its vessels. ...

View this case and other resources at: Citation. 1 U.N. Rep. Int’l Arb. Awards 369 (1923) Brief Fact Summary. The Tinoco regime, which was the former government of Costa Rica, was alleged by Great Britain to have granted oil concession to a British company that had to be honored by the present regime. Synopsis of Rule of Law. A government need not conform to a previous constitution if the government had established itself and maintained a peaceful de facto administration and non-recognition of the government by other government does not destroy the de facto status of the government. ...

CitationThe Paquete Habana, 175 U.S. 677, 20 S. Ct. 290, 44 L. Ed. 320, 1900 U.S. LEXIS 1714 (U.S. Jan. 8, 1900) Brief Fact Summary. After the United States (P) seized their fishing vessels, the owners (D) argued that international law exempted coastal fishermen from capture as prizes of war. Synopsis of Rule of Law. Exemptions from capture as prizes of war includes coastal fishing vessels, their cargoes and their crews. ...

View this case and other resources at: Citation. Int’l Trib. For the Law of the Sea, ITLOS Case No. 14, Judgment (2007) Brief Fact Summary. The Russian Federation (D) detained the “Hoshinmaru” a Japanese registered ship, along with its crew because the “Hoshinmaru” violated a fishing license which it had earlier issued. Japan (P) applied for the ship’s release. Synopsis of Rule of Law. The seriousness of an offense and the degree of cooperation between the detaining nation and the nation seeking release must be reflected by the amount of security to be poste ...

CitationTecht v. Hughes, 229 N.Y. 222, 128 N.E. 185, 1920 N.Y. LEXIS 677, 11 A.L.R. 166 (N.Y. 1920) Brief Fact Summary. Despite the fact that the U.S. and Austria were at war, Techt (D) claimed that she was entitled to take property in New York on the basis of the 1848 Treaty between the United States and Austria. Synopsis of Rule of Law. The court must decide whether the provision involved in a controversy is inconsistent with national policy or safety in a situation whereby a treaty between belligerents at war has not been denounced. ...

CitationSpector v. Norwegian Cruise Line Ltd., 545 U.S. 119, 125 S. Ct. 2169, 162 L. Ed. 2d 97, 2005 U.S. LEXIS 4655, 73 U.S.L.W. 4429, 2005 AMC 1521, 16 Am. Disabilities Cas. (BNA) 1345, 18 Fla. L. Weekly Fed. S 354 (U.S. June 6, 2005) Brief Fact Summary. A class action which sought declarative and injunctive relief against the Norwegian Cruise Line Ltd (NCL) (D) under the Title III of the ADA, which prohibits discrimination based on disability was filed by disabled individuals (P) and their companions (P) who had bought tickets for round-trip cruises from a U.S. port. Synopsis of Rule of ...

CitationM. Salimoff & Co. v. Standard Oil Co., 262 N.Y. 220, 186 N.E. 679, 1933 N.Y. LEXIS 937, 89 A.L.R. 345 (N.Y. 1933) Brief Fact Summary. When the Soviet government sold oil property confiscated from Russian nationals, Salimoff (P) claimed that the Soviet government did not have good title to pass. Synopsis of Rule of Law. No recovery in tort can be had in any other state when no right of action is created at the place of the wrong. ...

View this case and other resources at: Citation. I.C.J. 1969 I.C.J. 3 Brief Fact Summary. The view that customary rules of international law determined the boundaries of areas located on the continental shelf between their countries and the Federal Republic of Germany (D) was contended by Denmark (P) and the Netherlands (P). Synopsis of Rule of Law. For a custom to become binding as international law, it must amount to a settled practice and must be rendered obligatory by a rule requiring it. ...

Citation47 I.L.M. 475 Brief Fact Summary. By using incorrect methodology for calculating margins of dumping, Mexico (P) argued that the United States (D) violated the Anti-Dumping Agreement and Article VI of GATT 1944. The Appellate Body’s prior holdings were not followed by the panel that convened for the complaint but instead, relied on panel reports that the Appellate Body had reversed. Synopsis of Rule of Law. A WTO panel must follow previously adopted Appellate Body reports which address the same issues in ruling on a dispute brought before such WTO panel. ...

View this case and other resources at: Citation. I.C.J., Advisory Opinion, 1951 I.C.J. 15. Brief Fact Summary. Reservations to various provisions to the U.N. Conventions on Genocide were effected by several signatories’ states to it. Synopsis of Rule of Law. A reservation to the U.N. Convention on Genocide may be effected by a state and still be considered a signatory thereto. ...

Citation. U.K. House of Lords, 2 W.L.R. 827, 38 LLM. 581 (1999). Brief Fact Summary. Siting his status as a former head of state, Pinochet (D) claimed that he was immune from prosecution. Synopsis of Rule of Law. The provision of the Torture Convention is not consistent with the notion of continued immunity for former head of states. ...

View this case and other resources at: Citation. Int’l Crim. Trib. For the former Yugoslavia, I.C.T.Y. Case No. IT-05-87-T, Summary of Trial Chamber Judgment (Feb. 26. 2009). Brief Fact Summary. Yugoslavian government officials or Serbians, who were accused of participating in a joint criminal enterprise to modify the ethnic balance in Kosovo, instigating, aiding and abetting various war crimes and crimes against humanity, as set out in Articles 7(1) and 7(3) of the Statute of the Tribunal of the International Criminal Tribunal for the former Yugoslavia, to further the goals of the crimin ...

View this case and other resources at: Citation. I.C.J., 1994 I.C.J. 112 Brief Fact Summary. A claim to settle a dispute involving sovereignty over certain islands, sovereign rights over certain shoals and delimitation of a maritime boundary was filed by Qatar (P) in the International Court of Justice against Bahrain (D). The Court’s jurisdiction was however disputed by Bahrain (D). Synopsis of Rule of Law. An international agreement creating rights and obligations can be constituted by the signatories to the minutes of meetings and letters exchanged. ...

View this case and other resources at: Citation. I.C.J., 1986 I.C.J. 14, 103-123 Brief Fact Summary. In order to justify its various hostile acts against Nicaragua (P), the United States (D) claimed collective self-defense for its actions. Synopsis of Rule of Law. Unless the aggrieved state requires aid, collective self-defense cannot justify hostile behavior. ...

View this case and other resources at: Citation. Nuremberg. Sept. 30. 1946. Reprinted in 41 AJ.I.L 186-218 (1946) Brief Fact Summary. For instigating wars of aggression against neighboring countries, officials of Hilter’s Third Reich were indicted. Synopsis of Rule of Law. It is a crime to plan or wage war that is a war of aggression or a war in violation of international treaties. ...

View this case and other resources at: Citation. Cims. Arbitration under Special Agreement of August 18, 1910, 1921, Nielsen Rep. 526. 6. U.N.R.I.A.A. 85. Brief Fact Summary. According to the United States (P), the interpretation given to the Treaty of London of 1818 by the Canadian government was not correct. Synopsis of Rule of Law. The determinations, from an international perspective of how the provisions of a treaty are to be interpreted and applied to the facts are the duties of an international tribunal. ...

View this case and other resources at: Citation. I.C.J., 1977 I.C.J. 7 (1997) Brief Fact Summary. Hungary (D) asserted that the enforcement of a treaty with Slovakia (P) would not be possible because of changes in circumstances. Synopsis of Rule of Law. A vital change of circumstances must have been unforeseen and the existence of the circumstances at the time of the treaty’s conclusion must have constituted an essential basis of the consent of the parties to be bound by their agreement. ...

View this case and other resources at: Citation. I.C.J., 1973 I.C.J. 3 Brief Fact Summary. Because some circumstances changed, Iceland (D) claimed that a fishing treaty it had with the United Kingdom (P) was no longer applicable. Synopsis of Rule of Law. In order that a change of circumstances may give rise to the premise calling for the termination of a treaty, it is necessary that it has resulted in a radical transformation of the extent of the obligations still to be performed. ...

View this case and other resources at: Citation. I.C.J., 2007 I.C.J. 191 Brief Fact Summary. Following the genocide of Bosnia Muslims, a suit was brought against Serbia and Montenegro (D) by Bosnia and Herzegovina (P). Synopsis of Rule of Law. The obligation under the Genocide Convention binds the contracting parties to the Convention not to commit, through their organs or persons or groups whose conduct is attributable to them, genocide and the other acts enumerated in Article II. ...