Public international law

Sources of international law

 North sea continental shelf case (netherland v. Denmark) (common water body,
boundaries laid down based in equi distance principle, Germany in middle claimed
there boundary was disturbed, art 6 geneva conference on continental shelf 1953,
this is not custom no nt considered)
 Colombia v. peru (political asylum)
 Fisheries case (uk v. Norway) (uk entered into Norway waters, Norway claimed
damages, held in favor of Norway, uniformity and consistency test)
 Lotus case (enrica lecsi case)
 Portugal v. India (right of pamarge, right on territory, goa and a island, does Portugal
had customary right, held no) 38(1)d
 Belgium v. spain (Barcelona traction case) (btlp, electricity supply, producing
electricity for spain, they have non spain investors, spainsh civil war, Belgium
investers share was stopped, held they cant do it) principle of estoppel, equity and
justice, juris
 R v kyen (justice equality and good conscience is accepted, 2 ships collision, ship
captain arrested, can be prosecuted, can english court try for offence committed on
high seas within the territorial boarders, had no juris but the upper court had made
him guilty)
 Amco asia corp v. republic of indo (invested in 5star hotels, 30 years license given, rio
officer cancelled the license before 30yr, this is not justice, they cant cancel the
license only because they are foreigners)
 Us schooner (France and us, agreement to exchange war seizures, France ship taken,
held it should be given)
 Netherlands v. Belgium (minus river, treaty to share resources, Belgium using most
of the resources, Belgium says netherland expand their projects, principles of equity,
held in favor of netherland)
 Chorzow factories case (Germany selesia Poland, ww Germany factories in selesia,
Poland and Germany used to fi8 for them, came to an agreement that selesia given
to Poland and factories should be germans, Poland sold german factory, does pcj had
juris or not, held yes)
 Combodia v. Thailand (temple of preshevikesh, boarder of two countries, it is a
common land, both claimed that belongs to them, held in favor of combodia)
Other sources of IL
 Nhicara gua v. usa (military and paramilitary troops are sent to nhicara gua by usa,
case filed, contested that icj had no juris and nhicara failed to deposite 1948s
declaration, held it had juris, held there other sources to IL but they should be
complementary and implementary)

Relation b/w ml and il

 Albama claim case (no municipal rule may be relied upon as a justification for
validating IL)
 Sui fujji v. st of California (art 4 sec 2 of us consti, treaties are not self executing)
 Jolly George case (

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Nationality
 Nottembohm case (
 Stoeck v. the public trustee (

Individuals
 Repiracy juri jentium case (Chinese ship attacked by Chinese pirates, hong kong ships
came to held, not yet robbed, hong kong court still made them liable)
 Burmi students case (hijacked a plane)

Extradition
 Re castiono case (swiss canton, swiss disqualified as fugitive, cuz he killed a member
of state in a meeting, he left, swiss asks for extradition, rejects extradition)
 Re Meunier case (france accused placed explosives in paris café, and barraks, went
to England, not extradited, held valid cuz because of outrages of govt property, 2 or
more parties in a st and each seeking govt to impose on any one of them but to
constitute such offence against govt, it is an arnarchist offence)
 Us v. raucher (murder in us, escaped to eng, eng extradited, circuit says there should
be no proceedings against him as it is not a political offence)
Refugees un declaration on territorial asylum, un convention on st and refugees 1951,
unhcr 1961, art 14 of unhcr
 Burmi students case (when attacking king/ head or is family will nt be a political
offence, attandaut clause)
 Jacquinus case (tried to attack napoleon by placing explosives on railway track, cant
be extradited)
 Colombia v. peru (

Diplomatic agents (extraordinary and ordinary DA) 16th cen

Ambassadors, envoys, ministers resident accredited to the soverign, ministers of foreign
affairs – 18th century
Can get diplomatic immunity - diplomatic staff, administration staff, technical, service staff
and their family)
Work of DA
Immunities and privileges (art 29 describes DA, 29 to 35 privileges
 Sultan mehmood dehbad case (da committed criminal trespass, dismissed from his
post)
 Munsoor ali case (son of general council ambassador killed driver, immunity nt given
as it is grevious)
 Expulsion case (Spanish ambassador committed crime in England, dismissed)