SS Lotus v Turkey 1928 | definition of IL | |
Logjam 1947 USSR/US Cold war and ICJ Advisory Opinion 1948 | only 4 Montevideo criteria | |
Resolution of 2012 | non-member observer state status to palestine (legal personality) | |
estrada doctrine | no need for recogition (as contrary to subj and obj theory) | |
ICJ Lagrand 2001 | individual as an IL actor, benefits from rights from treaties, IL duties can transcend national obl. | |
ICJ 1970 Barcelona traction | erga omnes: entities can react even if not touched directly | |
ICJ Azylum Case 1950 | a customary law: any conform and uniform usage accepted as a law | |
ICJ North Sea Continental Shelf Case 1969 | objective and subjective element of customary law, subjective: believe that the rule is rendered obl | |
ICJ Nicaragua Case 1986 | objective element of customary rule: if there is exception, it means that confirmed | |
Fisheries UK v Norway | no customary rule for Norway cause never believed to be obligatory (no subjective element) | |
ICJ Advisory Opinion 1949 | international legal personality to IOs | |
ICJ Advisory Opinion 1996 Nuclear Weapon | soft law: resolution - normative value, emergence of opinion juris | |
ICJ Corfu 1949 | prohibition of use of force (it is not permissible, irrespective of its purpose) | |
ICJ Nicaragua Case 1986 | increasing armaments and economic means is not a threat or use of force | |
ICJ Nicaragua Case 1986 | self defense: jus cogens and costumary rule | |
ICJ Nicaragua Case 1989 | indirect use of force: provision/supply of weapons is not an indirect attack, therefore a breach | |
ICJ Germany v Italy Ferrrini 2014 | difference between immunity from jurisdiction and immunity from execution | |
ICJ Fincantieri v Iraque 1994 | difference between jure gestionis and juris imperii | |
Bonds Argentihini 2008 | immunity granted eventhough jure imperii cause state of emergency | |
The Council of Europea Convention on State Immunity 1972 | codifies restrictive immunity (immunity is exception) | |
The UN Convention on juridictional immunities of states and their property 2004 | codifies restrictive immunity (immunity is principle) | |
Ferrini | when immunity granted, jus cogens set aside; immunity granted even though violation of HR Law | |
Italian Constitutional Court 2014 | customary international law of state imunity inapplicable in italy when war crimes agains humanity | |
Pinochet 2000 | difference between personal and functional immunity, functional denied cause amounted to Int crime | |
Jones Case 2006 | functional immunity granted cause torture was in discharge of duties | |
Jones Case 2014 ECHR | granting community - rule of IL, no breach of art 6 cause not an absolute right | |
ICJ Arrest Warrant 201 | immunity applies to high officials; doesn't equal impunity cause separate concepts, ALTERNATIVES-obl | |
Waite and Kennedy case and doctrine | granting immunity to IOs depends upon availability of effective remedies within IOs (alternative) | |
Wall opinion 2004 | serious breach - no recognition, erga omnes, unilateral use of force, SD also against non-state acto | |