《國(guó)際法(英文版)(第2版)》編選的案例具有很強(qiáng)的多樣性。首先案件的裁決機(jī)構(gòu)十分廣泛:本書收集了多個(gè)國(guó)際性司法機(jī)構(gòu)的案例,諸如國(guó)際法院、國(guó)際常設(shè)仲裁法院、歐洲人權(quán)法院、海洋法法庭、審判前南斯拉夫戰(zhàn)犯刑事法庭和臨時(shí)仲裁庭裁決的案例。編者希望在向讀者介紹案例的同時(shí),也讓讀者有機(jī)會(huì)了解這些解決糾紛的國(guó)際機(jī)構(gòu),了解這些機(jī)構(gòu)為和平解決國(guó)際爭(zhēng)端、維護(hù)國(guó)際法和正義所作的貢獻(xiàn)。
第一章 國(guó)際法上的國(guó)家
案例1 Accordance of International Law of the Unilateral Declaration of Independence of Kosovo
第二章 國(guó)家主權(quán)豁免
案例2 Russell Jackson, et a1.V.The People's Republic of China
第三章 國(guó)際法上的個(gè)人
一、外交保護(hù)
案例3 Nottebohm Case
二、庇護(hù)
案例4 Asylum Case
第四章 國(guó)際人權(quán)法
一、國(guó)家的侵權(quán)行為
案例5 Dolly M.E.Filartiga and Joel Filartiga Americo Norberto Pena-Irala
二、安樂(lè)死
案例6 Pretty V.the United Kingdom
第五章 國(guó)家領(lǐng)土
案例7 Case Conceming the Temple of Preah Vihear
第六章 海洋法
一、海上劃界
案例8 Eritrea-Yemen Maritime Delimitation
二、用于國(guó)際通行的海峽
案例9 Corfu Channel Case
三、海洋生物資源的保護(hù)
案例10 Southern Bluefin Tuna Cases
第七章 空間法
案例1 1 Case Concerning Questions oflnterpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie
第八章 外交和領(lǐng)事關(guān)系法
一、使館的不可侵犯
案例12 The United States of America and The Federal Reserve Bank of New York V. The Islamic Republic of Iran and Bank Markazi Iran
二、領(lǐng)事通知權(quán)
案例13 LaGrand Case
第九章 國(guó)際環(huán)境法
一、國(guó)家管轄和控制下的行為不得對(duì)另一國(guó)家或國(guó)家管轄范圍以外地區(qū)的環(huán)境造成嚴(yán)重?fù)p害
案例14 Trail Smelter Case
二、界水的利用
案例15 Case Concerning Pulp Mills on the River Umgualy
第十章 條約法
案例1 6 Case Concerning the Gabcikovo-Nagymaros Project
第十一章 國(guó)際法院
一、管轄權(quán)
案例17 Case Concerning Legality of Use of Force
二、請(qǐng)求法院指示臨時(shí)措施
案例18 LaGrand Case
三、判決的解釋
案例19 Request for Interpretation of the Judgment of 11 June 1 998 in the Case Conceming the Land
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第十二章 使用武力
第十三章 國(guó)際刑法
資料主要來(lái)源
These being the facts: the Court considered whether the naturalization thus granted could be validly invoked against Guatemala, whether it bestowed upon Liechtenstein a sufficient title to exercise protection in respect of Nottebohm as against Guatemala and therefore entitled it to seise the Court of a claim relating to him. The Court did not propose to go beyond the limited scope of this question. In order to establish that the Application must be held admissible, Liechtenstein argued that Guatemala had formerly recognized the naturalization which it now challenged. Examining Guatemala's attitude to wards Nottebohm since his naturalization, the Court considered that Guatemala had not recognized Liechtenstein's title to exercise protection in respect to Nottebohm. It then considered whether the granting of nationality by Liechtenstein directly entailed an obligation on the part of Guatemala to recognize its effect, in other words, whether that unilateral act by Liechtenstein was one which could be relied upon against Guatemala in regard to the exercise of protection. The Court dealt with this question without considering that of the validity of Nottebohm's naturalization according to the Law of Liechtenstein.
Nationality is within the domestic jurisdiction of the State, which settles, by its own legislation. the rules relating to the acquisition of its nationality. But the issue which the Court must decide is not one which pertains to the legal system of Liechtenstein; to exercise protection is to place oneself on the plane of international law. International practice provides many examples of acts performed by States in the exercise of their domestic jurisdiction which do not necessarily or automatically have international effect. When two States have conferred their nationality upon the same individual and this situation is no longer confined within the limits of the domestic jurisdiction of one of these States but extends to the international field, international arbitrators or the Courts of third States which are called upon to deal with this situation would allow the contradiction to subsist if they confined themselves to the view that nationality is exclusively within the domestic jurisdiction of the State. In order to resolve the conflict they have, on the contrary, sought to ascertain whether nationality has been conferred in circumstances such as to give rise to an obligation on the part of the respondent State to recognize the effect of that nationality. In order to decide this question, they have evolved certain criteria. They have given their preference to the real and effective nationality, that which accorded with the facts, that based on stronger factual ties between the person concerned and one of these States whose nationality is involved. Different factors are taken into consideration, and their importance will vary from one case to the next: there is the habitual residence of the individual concerned but also the centre of his interests, his family ties, his participation in public life, attachment shown by him for a given country and inculcated in his children, etc.
The same tendency prevails among writers. Moreover, the practice of certain States, which refrain from exercising protection in favour of a naturalized person when the latter has in fact severed his links with what is no longer for him anything but his nominal country, manifests the view that, in order to be invoked against another State, nationality must correspond with a factual situation.
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