第一章 国际法上的国家
案例1 Accordance of International Law of the Unilateral Declaration
of Independence of Kosovo
第二章 国家主权豁免
案例2 Russell Jackson, et a1.V.The People''s Republic of China
第三章 国际法上的个人
一、外交保护
案例3 Nottebohm Case
二、庇护
案例4 Asylum Case
第四章 国际人权法
一、国家的侵权行为
案例5 Dolly M.E.Filartiga and Joel Filartiga Americo Norberto
Pena-Irala
二、安乐死
案例6 Pretty V．the United Kingdom
第五章 国家领土
案例7 Case Conceming the Temple of Preah Vihear
第六章 海洋法
一、海上划界
案例8 Eritrea-Yemen Maritime Delimitation
二、用于国际通行的海峡
案例9 Corfu Channel Case
三、海洋生物资源的保护
案例10 Southern Bluefin Tuna Cases
第七章 空间法
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 外交和领事关系法
一、使馆的不可侵犯
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、领事通知权
案例13 LaGrand Case
第九章 国际环境法
一、国家管辖和控制下的行为不得对另一国家或国家管辖范围以外地区的环境造成严重损害
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 条约法
案例1 6 Case Concerning the Gabcikovo-Nagymaros Project
第十一章 国际法院
一、管辖权
案例17 Case Concerning Legality of Use of Force
二、请求法院指示临时措施
案例18 LaGrand Case
三、判决的解释
案例19 Request for Interpretation of the Judgment of 11 June 1 998 in
the Case Conceming the Land
……
第十二章 使用武力
第十三章 国际刑法
资料主要来源
內容試閱：
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.
……
購物車/收銀台(0) | 在線留言板
| 付款方式
| 聯絡我們
| 運費計算
| 幫助中心 |
加入書簽
HOME
新書上架
