The Basic Case Deets
The legal status of the Rio Declaration.
What is the a soft law document of which some provisions reflect customary international law?
In Corfu Channel, the State that had the burden of proof to establish that Albania was responsible for the mines.
What is the United Kingdom?
Where the ICJ is located and other places it can hold proceedings.
What is the Hague (Den Haag) and any other place pursuant to ICJ Rule 55.
The author who wrote an article about indigenous peoples in our batch materials.
Who is James Anaya?
The parties to Corfu Channel.
What are Albania and the United Kingdom?
The attribution test articulated in the Nicaragua case.
What is the effective control test?
The standard of proof the Court required when drawing from inferences of fact.
What is beyond a reasonable doubt?
The weight given to statements by heads of State.
What is a binding legal effect? (Pursuant to this Court in the Nuclear Tests case)
The obligation the the Trail Smelter Court found Canada had breached related to the use of its territory.
What is the obligation not to allow knowingly a State’s territory to be used for acts contrary to the rights of other States?
The jurisdictional issue in the Colombia advisory opinion before the Inter-American Court of Human Rights.
What is whether the American Convention of Human Rights applies extraterritorially?
How the intent of a State is determined.
What is the general principle of law that a State’s intention at a later date can be regarded as good evidence in relation to that State’s intentions at an earlier date as well?
(Provided of course that there is no direct contrary evidence rebutting this presumption of intent.) (Separate Opinion of Judge Sir Gerald Fitzmaurice in the Temple of Preah Vihear case).
The two human rights of the Ogieks determined to have been violated by Kenya that are applicable to our facts.
What are the right to culture and right to religion?
The source of law the Guiding Principles on Business and Human Rights by John Ruggie represents.
What is a codification of customary international law?
- Also acceptable: state practice, opinio juris, soft law, aspirational principles
The body of the UN that enforces ICJ decisions, and an example in a case when it happened.
What is the Security Council and the Genocide case?
(Although a few States have requested enforcement of a decision in a few cases, due to the veto power of permanent members, not all requests have resulted in enforcement, but some did. For example, in response to the provisional measures issued by this Court in the Genocide case, the Security Council did issue a resolution calling upon Yugoslavia to stop its support of the paramilitary troops committing genocide against the Bosnian population.)
The attribution test the ICJ adopted in the Genocide case.
What is the effective control test?
The human right addressed in the 1993 General Comment No. 22 (48) (art. 18) from the Human Rights Committee.
What is the right to religion?
Five remedies the Court can order.
What are: 1) reparations, satisfaction, compensation, declaratory judgment, assurances of non-repetition, cessation, restitution, etc...?