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Terms in this set (43)
1) basic political interest of two countries
What are the duties of a diplomat..
1) primary negotiators
2) gathering information to make recommendations on host country
3) obligation and right to protect their own citizens in host country
4) important public relations role to improve relations
5) represent bureaucracies in their own right
1) distinct from diplomatic officials
2) advance commercial ties
3) introduce businessmen to various investment opportunities
4) commercial dimension to this that extends beyond political work that ambassadorial staff will be doing
5) diplomatic rights extend to consular officials as far as place of work.
secretariats of international organization
1) afforded diplomatic immunities as well
2) headquarters agreements with host country
a) agreement on rights of foreign diplomats to come and participate in discussions/meetings even if host country is at war/doesn't recognize state
1) extra territorial immunity
2) personal inviability
3) act of courtesy/ comity
Aviation History Overview
1919) Paris Convention for the Regulation of Aerial Navigation
1944) Chicago Convention on Civil Aviation
1963) Tokyo Convention on Offenses and Certain other Acts Committed on Board Aircraft
1970) Hague Convention for the Suppressions of unlawful seizure of Aircrafts
1972) Montreal Convention to discourage acts of violence against civil aviation
1919 Paris Convention for the regulation of Aerial Navigation
1) states have exclusive rights and sovereign rights to air over their territory.
1944 Chicago Convention on Civil Aviation
1) Identified paths for air travel
2) countries could prohibit/open up lanes of access
4) countries had absolute/complete control over airspace even under emergency circumstances
5) Established principle of flag state.
1963 Tokyo Convention on Offenses and Certain other acts committed on board aircraft.
1) centered on crimes committed aboard an aircraft
2) asserted the right of flag state to exercise jurisdiction over offenses committed on planes in flight.
1970 the Hague Convention for the Suppression of unlawful seizure of Aircrafts
response to increase of airpirates
1) it was hard for flagstates to excercise jurisdiction over high jacked crafts
2) imposed obligation on signatories that the country of landing would excercise jurisdiction.
3) Back up principle: if this failed, then any c that gets hold of kindappers can hold jurisdiction.
4) Principle of universal jurisdiction
1971 Montreal Convention
1) developed treaty that would suppress unlawful acts against safety of civil aviation
1) flag state has responsibility to make good on damages caused by things that fall off its aeronautic vehicles
When intrusion into airspace occurred there are four options
1) ignore it
2) right to exercise jurisdiction (impounding, investigation)
3) send up airforce to meet intruding aircraft and escort them out of airspace
4) shoot airplane down as unlawful intruder
1) Moscow shot down a plane
2) Customary law began to develop over not shooting down civilian aircrafts
3) How/ever there was a disruption in the development of the customary law with 9/11
1) Not clear were outerspace begins
2) outer space can't be appropriated into the national territory of any state
3) Countries have an obligation under IL now to register anything they put into orbit in outerspace
a) to know whose responsible for damages on it if it comes down.
British and Dutch asserted what (law of the seas)
1) asserted Freedom of the seas doctrine
Freedom of the Seas Doctrine
1) any country that wished to do so could build ships registered under their flags and navigate, commerce, as they saw fit
2) obligation was that countries register their ships
1) flag ship concept
Flag ship concept
1) any country has right to fly ships under their own flag
2) has jurisdiction over ship and crew while crew is aboard the ship when it's engaged in regular navigation of the seas.
Law of the seas 1967
1) codified the law of the sea
2) any coastal country can claim 12 mile from the baseline for a territorial sea.
Regina vs. Anderson Case
B. vessel traveling down Borbo river in France. An American citizen commited a murder on British vessel.
B. detained the guy in Britain→ Concurrent jurisdiction
Britain: Flag-ship Principle
US: Active National Principle
Jus Ad Bellum
governs the resort 2 war
1) just cause (defense)
2)right intentions- restoration of just peace
3) lawful public authority (not just any entity could fight a war)
4) diplomacy: you do what you can to find some peaceful means
5) probability of success/consequence
Jus in Bello
governed individual conduct within war
1) clemency, mercy especially to civiliance and prisoners and some clemency even to enemies
2) there has to be a use of diplomacy
3) their needs to be proportionality
4) weighing of consequences both in and before leader doesn't have the right to take his people on a suicide
Law of the Use of Force
1) Jus Ad Bellum
2) Jus in Bello
Jus in Bello/Jus ad bellum
1) go back to the tradition customary law being developed
Where does Jus in bello fall under?
1) falls into UN Security Council
2) Countries are being thrown back Article 51 Right to Self Defense
Role of UN with Jus in Bello
1) state is obliged to report to security council that it has been attacked and is defending itself.
a) sovereign gov. still in driver seat
b) UN has not served as an effective security mechanism towards countries who are being violated
What is the new trend in war?
Formal acts of war have declined h/w terrorism, civil war, internal war has risen
Reduction btw. armed compatans of the country; in most conflicts its the civiliance who are getting killed now
When does War commence?
a) when hostility commences
b) when there's a declaration of war
there is more confusion today because there is a confusion of the context of war.
What happens when a country is at war?
a) diplomatic relations break
b) treaties go into suspension
c) enemy property/citizens should get out or they can be detained
d) c. may establish tribunals for unlawful combatants don't have to be tried in domestic court.
e) enemy public property can be subject to seizure, even private.
How do wars end?
1) wars end b/c fighting stops-exhausting
2) countries become subjugated and become annexed/dissapear
3) end with a seize of fire and treaty of peace
4) Wars that end under a treaty peace. valid way that tile of territory can change hands
What are the issues of wars in the 20th century
1) increase in irregular forces have completely disregards Hague Convention and Customary Laws of war.
a) wholesale violation of wars
2) 1950's-1960's there was an obvious increase of pressure on Geneva and Red Cross to make room for these new practises
The new practices violated the Geneva Convention (Prohibition of Perferty )
1) the feigning of civilian non-combatants
2) misuse of a flag of surrender and peace
3) indications of a white flag to talk about surrender and kill them.
Law of War today
1) more complicated
2) increased technology in order to aid with civiliance immunity/discrimination
3) bust you still need to recognize proportionality
4) devolution of the laws of war
Dr. Francis LIeber
1) True beginning of present-day rules applicable to land warfare
2) Lieber Code
1) trained soldiers how to use force
a) military necessity
b) civilian immunity/discrimination
Tried to codify Jus in Bello with what convention?
The Hague Conference (1899,1907)
Geneva Red Cross Convention (1924,1949,1977) had ideas of old CL
Law of State Responsibility
1) a person does not loose all rights
2) IL have developed customary rules were governments have accepted the rights of aliens living in their terr.
-act of reciprocity
3) Nationality of Claims
What privileges do aliens have living in a foreign territory?
1) have no special privileges
2) have the same legal rights as nationalist. H/ever there's a certain floor for anglo's with basic HR
1) Usually acquired at birth
a) Law of place (jus soli) (soil)
b) Law of blood (jus sanguinis)
How can you apply for citizenship
1) derriative naturalism
2) collective naturalism
You are at a liberty to pick the citizenship of what is your nationality
Woman and citizenship
1900's: a woman automatically on marriage lost her own nationality and obtained her husbands.
a) peverse issue arose
b) cable act chaned this
c) foreigners couldn't automatically gain US citizenship
d) domestic wouldn't loose foreign citizenship.
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