Sunday 19 February 2012

MUNICIPAL AND INTERNATIONAL LAW

MUNICIPAL AND INTERNATIONAL LAW


  • It's no excuse to international misbehaviours to point to domestic impediments.

    • Vienna Convention on the Law of Treaties (1969), articles 27, 46(1) and (2), 7(2).

    • Cameroon vs Nigeria – Nigeria claim was dismissed in light of article 7(2) of Vienna Convention according to which the head of state is among the persons who represent the state and also noticing that states must not follow domestic rules of other countries.

    • British was guilt in the Alabama Claims arbitration (1872) despite pledging the lack of domestic law to impede it from producing the ship which sinked a US vessel.

    • Polish nationals in Danzing case

    • Stressed in the Applicability of the Obligation to Arbitrate case.

    • Lockerbie case

    • La Grand case

    • Avena case – US disrespected a foreigner basic right to get in touch with the Ambassy and pledged many domestic issues concerning federalism to try scaping the condemnation, but didn't manage.

    • By way of contrast, the ICJ in the Elletronica Sicula SpA (ELSI) case pointed that a municipal ilegality may not imply also an international illegality

  • A country expresses its opinion on international matters through means of its domestic law-making, so that a domestic law may come into an international judgement to be evidence of behaviour and legal position of the country.

    • Serbian Loans case (1929) – legal position

    • Certain German Interests in Polish Upper Silesia – Behavior evaluation

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