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