REVIEWED NOTES ON LAW OF
INTERNATIONAL
ORGANISATION
Pacquete Habana and Lola
(SCOTUS, 1900): Two Spanish fishing smacks during the
Spanish-American War were captured and taken as prize
of war. Spain sues for property back. (I) Are fishing
vessels exempt from prize of war doctrine? (H) Yes. (CR)
Their purpose is not war-related but rather for betterment
of mankind and historical precedent or customary IL has
shown that fishing smacks, via opinio juris, should be
exempt.
Applicable Principles:
1. Customary law is a source of IL
2. Fishing smacks exempt for prize of war doctrines.
Gentini Case (Italy v Venezuela, Int'l Arb. 1903)
Gentini (an Italian) owned a business in Venezuela where
he was apparently removed forcibly, imprisoned, etc. etc.
etc. 32 years ago and Italy brought the case against
Venezuela on his behalf. (I) Is the principles of statutes of
limitations applicable to IL? (H) Yes. (CR) "A stale claim
does not cease to become any the less so because it
happens to be an international one."
Applicable Principles:
,1. General principles of Law are those which are common
characteristics of domestic legal systems
2. Statute of limitations applies in the international realm.
Chorzow Factory Case (Germany v Poland, PCIJ 1927)
Acting against previous treaty, Poland expropriated a
German nitrate factory in Chorzow. Germany brought the
suit to the PCIJ, Poland knows they are in the wrong and
therefore claim that the parties must go to a Mix-Tribunal
instead. (I) Is the Chorzow Factory case outside the
jurisdiction of PCIJ? (H) No. Poland has to pay. Based on
Dirty Hands principle, Poland was the reason that they
could not go to the Mixed-Tribunal in the first place and
therefore the argument is null.
Applicable Principles:
1. Dirty hands is not a good argument.
Cayuga Indians (UK) v US (Int'l Arbitration, 1926)
After the War of 1812, the Treaty of Ghent was signed,
protecting the all UK citizens. The issue was, as part of the
Treaty, the Cayugan Indians were promised an annuity of
$1800 per year. Only the NY Cayugans were receiving the
annuity. (I) Does the Treaty of Ghent still apply to the
Canadian Cayugans? (H) Yes it does, 100,000 must be
payed as a result). (CR): Many of those who were
signatories of the treaty were Canadian Cayugan. US
argued that the article that allowed the CC's annuity was
simply nominal and of no value. CR that you can't just
throw out an entire article or part of a treaty, interpret
differently, yes, but discard, no.
Applicable principles:
,1. Can't disregard an entire portion of a treaty.
2. This is the strongest case based on equity and at that,
the equity argument is weak. Thus, equity is not a
sufficient argument for a case
Israeli Wall and Ad Op
While occupying Palestine, Israel built a wall in
"Palenstinian territory". They UNGA requested an Advisory
Opinion as to the legality of such. It was found that under
the Fourth Geneva Convention, there are rights restricting
the building of a wall in occupied Palestine by Israel.
Though Israel didn't sign the treaty, it was accepted as
customary international law and therefore was required to
maintain the law.
Applicable Principles:
1. Even when a treaty hasn't been signed, if such has
become customary IL, all states are required to comply.
Power of Authority of NY v Federal Power
Commission (1957)
The Power of Authority of the State of NY is suing the
Federal Power Commission (FPC) because they denied
the ability to grant the Power of Authority a license to build
a hydroelectric dam on the Niagara, FPC claiming that
only the Senate had authority under the US/Canada treaty
of 1950. The applicable part of the treaty was of purely
domestic nature. (I) Do reservations of domestic nature
apply to international treaties? (H) No. (CR) it was
abundantly clear that the reservation was purely domestic
and therefore had no binding internationally and can
therefore be heard and decided by the FPC, not the
Senate of necessity.
, Applicable Principle:
1. Domestic Reservations do not have validity in
international treaties because such treaties, like contracts,
must include exchanges.
Genocide Convention - Adv. Opinion (ICJ, 1951):
(SPECIAL RULES FOR MULTILATERAL CONVENTIONS
ONLY) UNGA seeks an advisory opinion regarding the
reservations in the Genocide Convention. (I)(1) can a
reserving party, to whom there are objections, still be
considered part of the convention? (2) If so, what is the
relationship between the parties which object and the
parties which accept? (3) Does an objection have legal
effect if the objector has not yet ratified?
1) Ruling For Multilateral Treaties (Objective Determinant
of Reservation Validity): reservations can be deemed valid
or not depending on the effect of the reservation and the
effect of the objection on the purpose of the convention.
2) Ruling (2) for multilateral and bilateral treaties: States
have the individual right to appraise validity of the
reservations. IF country B disagrees with reservation of A
then B does not recognize A as a signatory.
3) If a international court is looking at a reservation, then
you only use the Ruling 1 (objective standard), but if you
are looking in a domestic court, then what your country
decided on the reservation applies.
Load Line Convention (US At. Gen. Ad Op) (1941)
With the outbreak of WWII, President of the US wants to
know if the Load Line Convention (a treaty limiting the
amount of cargo a ship can carry) is still applicable. (H)
INTERNATIONAL
ORGANISATION
Pacquete Habana and Lola
(SCOTUS, 1900): Two Spanish fishing smacks during the
Spanish-American War were captured and taken as prize
of war. Spain sues for property back. (I) Are fishing
vessels exempt from prize of war doctrine? (H) Yes. (CR)
Their purpose is not war-related but rather for betterment
of mankind and historical precedent or customary IL has
shown that fishing smacks, via opinio juris, should be
exempt.
Applicable Principles:
1. Customary law is a source of IL
2. Fishing smacks exempt for prize of war doctrines.
Gentini Case (Italy v Venezuela, Int'l Arb. 1903)
Gentini (an Italian) owned a business in Venezuela where
he was apparently removed forcibly, imprisoned, etc. etc.
etc. 32 years ago and Italy brought the case against
Venezuela on his behalf. (I) Is the principles of statutes of
limitations applicable to IL? (H) Yes. (CR) "A stale claim
does not cease to become any the less so because it
happens to be an international one."
Applicable Principles:
,1. General principles of Law are those which are common
characteristics of domestic legal systems
2. Statute of limitations applies in the international realm.
Chorzow Factory Case (Germany v Poland, PCIJ 1927)
Acting against previous treaty, Poland expropriated a
German nitrate factory in Chorzow. Germany brought the
suit to the PCIJ, Poland knows they are in the wrong and
therefore claim that the parties must go to a Mix-Tribunal
instead. (I) Is the Chorzow Factory case outside the
jurisdiction of PCIJ? (H) No. Poland has to pay. Based on
Dirty Hands principle, Poland was the reason that they
could not go to the Mixed-Tribunal in the first place and
therefore the argument is null.
Applicable Principles:
1. Dirty hands is not a good argument.
Cayuga Indians (UK) v US (Int'l Arbitration, 1926)
After the War of 1812, the Treaty of Ghent was signed,
protecting the all UK citizens. The issue was, as part of the
Treaty, the Cayugan Indians were promised an annuity of
$1800 per year. Only the NY Cayugans were receiving the
annuity. (I) Does the Treaty of Ghent still apply to the
Canadian Cayugans? (H) Yes it does, 100,000 must be
payed as a result). (CR): Many of those who were
signatories of the treaty were Canadian Cayugan. US
argued that the article that allowed the CC's annuity was
simply nominal and of no value. CR that you can't just
throw out an entire article or part of a treaty, interpret
differently, yes, but discard, no.
Applicable principles:
,1. Can't disregard an entire portion of a treaty.
2. This is the strongest case based on equity and at that,
the equity argument is weak. Thus, equity is not a
sufficient argument for a case
Israeli Wall and Ad Op
While occupying Palestine, Israel built a wall in
"Palenstinian territory". They UNGA requested an Advisory
Opinion as to the legality of such. It was found that under
the Fourth Geneva Convention, there are rights restricting
the building of a wall in occupied Palestine by Israel.
Though Israel didn't sign the treaty, it was accepted as
customary international law and therefore was required to
maintain the law.
Applicable Principles:
1. Even when a treaty hasn't been signed, if such has
become customary IL, all states are required to comply.
Power of Authority of NY v Federal Power
Commission (1957)
The Power of Authority of the State of NY is suing the
Federal Power Commission (FPC) because they denied
the ability to grant the Power of Authority a license to build
a hydroelectric dam on the Niagara, FPC claiming that
only the Senate had authority under the US/Canada treaty
of 1950. The applicable part of the treaty was of purely
domestic nature. (I) Do reservations of domestic nature
apply to international treaties? (H) No. (CR) it was
abundantly clear that the reservation was purely domestic
and therefore had no binding internationally and can
therefore be heard and decided by the FPC, not the
Senate of necessity.
, Applicable Principle:
1. Domestic Reservations do not have validity in
international treaties because such treaties, like contracts,
must include exchanges.
Genocide Convention - Adv. Opinion (ICJ, 1951):
(SPECIAL RULES FOR MULTILATERAL CONVENTIONS
ONLY) UNGA seeks an advisory opinion regarding the
reservations in the Genocide Convention. (I)(1) can a
reserving party, to whom there are objections, still be
considered part of the convention? (2) If so, what is the
relationship between the parties which object and the
parties which accept? (3) Does an objection have legal
effect if the objector has not yet ratified?
1) Ruling For Multilateral Treaties (Objective Determinant
of Reservation Validity): reservations can be deemed valid
or not depending on the effect of the reservation and the
effect of the objection on the purpose of the convention.
2) Ruling (2) for multilateral and bilateral treaties: States
have the individual right to appraise validity of the
reservations. IF country B disagrees with reservation of A
then B does not recognize A as a signatory.
3) If a international court is looking at a reservation, then
you only use the Ruling 1 (objective standard), but if you
are looking in a domestic court, then what your country
decided on the reservation applies.
Load Line Convention (US At. Gen. Ad Op) (1941)
With the outbreak of WWII, President of the US wants to
know if the Load Line Convention (a treaty limiting the
amount of cargo a ship can carry) is still applicable. (H)
