Questions tagged [international-law]

For questions on the relationships and relations between states and between nations, as relating to relevant law and statute.

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130 views

Does international law distinguish mechanical failure leading to death and mistaken identity? [closed]

It is becoming increasingly likely that Iran shot down Flight 752 going from Tehran to the Ukraine because it was expecting retaliation from the United States for its missile attack on a US base just ...
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3answers
640 views

What is the international law to preserving the cultural sites?

After taking down the Iranian general Soleimani, Iranians vowed retaliation against USA. To which Trump tweeted that USA has targeted 52 locations of Iranian interests including the Cultural sites. ...
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359 views

Did Qassim Suleimani have any kind of diplomatic status while he was in Iraq?

If so, what would be the direct consequences?
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136 views

Can recently released US student vacation in Switzerland? [closed]

Iran recently released an American student that was being imprisoned in Tehran. He was flown to Switzerland to meet with a US State Dept official. My question: since he's already in Switzerland, ...
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212 views

State institution possibly interfering with foreign policy

Hungary is continuously trying to establish a good relationship with Romania. As an example, Hungarian PM Viktor Orban and former Romanian PM Liviu Dragnea made a bilateral agreement that Romania ...
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1answer
167 views

How can a sovereign state legally annex land belonging to another state?

Is it possible under international law for a country to legally acquire territory belonging to another sovereign country by force? What are the preconditions for this action to be legal? Is it just a ...
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209 views

What are the implications of the shift of the US position on the legality of Israeli settlements in the West Bank?

The Secretary of State has just announced that the US no longer views the settlements as a breach of international law. What are the international implications of this decision? Is this a hot topic ...
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23 views

Quantitative study of time between signature and ratification of multilateral economic treaties

Does anyone know of a good quantitative study of economic multilateral treaties that specifically looks at how much time passes between the date of signature and date of ratification/accession? I have ...
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1answer
275 views

Under international law, can a country partially withdraw from a treaty?

Are there any explicit provisions (such as in the Vienna Convention on the Law of Treaties) or traditions in international law that allow a country to partially, but not totally withdraw from a treaty,...
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1answer
52 views

Did the US exercise a formal right to withdraw from JCPOA as set out in the treaty itself?

It's been said in a comment here on another equestion Trump "withdrew" from JCPOA because he formally indeed did so. Iran "violates" JCPO because it did not formally withdraw from it, so is in fact ...
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1answer
173 views

Is the US securing oil fields illegal under the International Law?

Recently, Trump claims something about controlling and securing oil fields in the north-east Syria. Is it illegal by the International Law? I don't remember UN resolution about allowing such an ...
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1answer
171 views

Diplomatic immunity for crimes abroad after returning to home state

There has been a recent incident relating to a person with diplomatic immunity (a US citizen) being involved in a fatal car crash in the UK. My question is born out of reading about this case, but I'm ...
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1answer
100 views

How can I follow the civil case against IDF former chief Gantz in the Netherlands?

Last month, a case began to be heard in the Hague - in a Dutch court, not an international court - against the former head of the Israeli military and now a prime-ministerial hopeful, Benjamin (Benny) ...
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2answers
338 views

Has Somalia always had a government just not one wikipedia recognizes?

Like adid and the various Somalia national army spinoffs. Was there ever a period with no actual government.
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68 views

How can an unilateral political mechanism be put into effect?

https://www.scmp.com/economy/china-economy/article/3029736/us-seeking-colonise-chinas-economy-trade-deal-says-veteran Earlier, it was revealed that the U.S. insisted that China allows the U.S. to put ...
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3answers
322 views

Does China have the power to stop fentanyl from being shipped to the U.S.? [closed]

In a recent interview with CNBC, Senator Rob Portman claimed that China could stop all the fentanyl from being shipped to the U.S.? But is it true that China holds such power? I have done some ...
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75 views

Can a government force another government to force its private companies to transfer technology under the GATT, WTO?

http://cloudfront-files-1.publicintegrity.org/legacy_projects/pdf_reports/BUYINGTHEAMERICANMIND.pdf It is true that the Japanese government has taken steps to open its government funded ...
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2answers
163 views

Can a country prevent another country from having access to its scientific infrastructure?

https://s3.amazonaws.com/academia.edu.documents/55967145/a_3A100301651551420180305-1337-h7mebg.pdf The Japanese have often been criticized for the lack of government funding of basic science, ...
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2answers
226 views

Is there a limit on how much a country can spend on R&D according to the WTO?

Is there a limit on how much a country can spend on R&D according to the WTO? I know there are rules against state subsidies, but I don't know if it allows a state-funded institution like an ...
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2answers
365 views

What forms of redress are available if a government decides to act illegally by omission?

At present, the UK parliament is attempting to pass legislation that would require Boris Johnson's government to take action to avoid a no-deal Brexit scenario. For the purposes of this question, I am ...
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1answer
257 views

Why are African countries willing to accept Chinese loans when they are not seen as sustainable?

Why are African countries willing to accept Chinese loans when they are not seen as sustainable? Many Chinese loans have higher extended interest rates and short maturities, with heavy collateral ...
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1answer
118 views

What are the likely results from a world court filing from Vietnam against the U.S.?

What are the likely results from a world court filing from Vietnam against the U.S.? https://www.voanews.com/east-asia-pacific/vietnams-latest-demand-agent-orange-compensation-described-last-resort ...
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276 views

Can the U.S. default on its debt held by the Chinese by using Imperial Chinese debt notes as a pretext to do so?

Can the U.S. default on its debt held by the Chinese by using Imperial Chinese debt notes as a pretext to do so? This seems far-fetched and almost absurd to do so, but there has been numerous story ...
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6answers
9k views

Can a country avoid prosecution for crimes against humanity by denying it happened?

I found this article and what I read shocked me. There are an estimated 650,000 like Hong Hanh in Vietnam, suffering from an array of baffling chronic conditions. Another 500,000 have already ...
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48 views

Under what circumstances can the members of the WTO bring about some changes to the WTO laws?

Under what circumstances can the members of the WTO bring about some changes to the WTO laws? People have been calling for a reform of the WTO, but there doesn't seem to be a rule that says how the ...
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1answer
149 views

Is “forced” technology transfer against the WTO TRIPS agreement?

Is "forced" technology transfer against WTO TRIPS agreement? The TRIPS agreement state that it's an agreement that seeks to help both users and producers benefit from the agreement through technology ...
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1answer
147 views

Is there a reason why countries cannot increase their vote count at any time by giving money to the IMF?

https://www.imf.org/external/np/sec/memdir/members.aspx The Board of Governors, the highest decision-making body of the IMF, consists of one governor and one alternate governor for each member ...
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500 views

What can the U.S. do against the EU subsidizing its tech industry?

The EU drafted a plan for a hundred billion-dollar fund to take on US tech firms, or so the reports say. I was wondering if that plan is against WTO rules as I have heard that state subsidies are ...
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1answer
172 views

Can a country kick out any diplomat over security concerns?

Can a country kick out any diplomat over security concerns? Julie Eadeh, a US diplomat in Hong Kong, was caught meeting HK protest leaders, which is similar to a Chinese or Russian diplomat getting ...
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574 views

Does Hong Kong have the right to hold a referendum for independence?

Does Hong Kong have the right to hold a referendum for independence? I am wondering if there was some kind of legal agreement when Hong Kong was ceded to China by Britain that guaranteed that Hong ...
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2answers
284 views

Do countries other than the U.S. have the power to block a government from issuing new debt?

I read the following excerpt on Peterson Institute of International Economics and I was wondering if other entities such as the EU or China had the same power as the United States in preventing other ...
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Does the WTO address “technology theft” as opposed to trademark and copyright infringement?

Does the WTO address "technology theft" as opposed to trademark and copyright infringement? In all of the text I came across involving intellectual property protection in the WTO about China we talk ...
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3answers
408 views

Why wasn't the supremacy of EU law codified?

Robert Schütze. European Union Law 2 ed. 2018. p. 121.       When the Union was born, the European Treaties did not expressly state the supremacy of European law.8 8The 2004 ...
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448 views

What happens if a country redefines itself?

Consider the following possible scenarios for a country A: The legislature decides to change the name to B After a successful revolution or coup d'état, a new country is established having the same ...
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1answer
267 views

Are the laws governing Antarctica legally binding?

Are the laws governing Antarctica legally binding? I heard that there's a mining ban in Antarctica that sets by the Antarctic Treaty, but I am wondering if it's legally binding and what would happen ...
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2answers
153 views

Two countries jointly sharing territorial waters of an island; precedent or impossibility of?

This 27-July-2019 CNN report mentions: The remote Pacific outcrop, called the Dokdo Islands in South Korea and the Takeshima Islands in Japan, made headlines Tuesday following an alleged violation ...
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1answer
93 views

Why is indian spy case in international court?

Pakistan has captured Indian spy Kulbhushan Jadhav and awarded him death sentence. But India pursued this in international court. How does the international court has jurisdiction into such cases? I ...
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How likely is a reform on the status of 'developing' country pushed by the Trump adminstration only affect China?

https://www.reuters.com/article/us-usa-trade-wto/trump-targets-china-in-call-for-wto-to-reform-developing-country-status-idUSKCN1UL2G6 The Trump administration is trying to weaken China using any ...
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Who has jurisdiction for a crime committed in an embassy?

Who would have prosecutorial/criminal jurisdiction if a crime was comitted in an embassy in a foreign nation. For example if someone was murdered in the US Embassy in Moscow, or if someone was ...
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How does jurisdiction of international courts work?

My understanding is that states who are signatories to international court are bound to respond to a lawsuit brought against them by another member state. Is that correct assessment? Or it’s case by ...
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192 views

Why can we have human rights declared by ECHR but no environmental “rights”?

I have recently read that in the European Union where I live, plastic in biowaste is a huge concern because when supermarkets get rid of fruits and vegetables which are packed in plastic it is "too ...
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5k views

Could Europeans in Europe demand protection under UN Declaration on the Rights of Indigenous Peoples?

Link to declaration: https://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf Especially some points concerning protection of traditional indigenous culture, including its proper access to media ...
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Why hasn't the U.S. government paid war reparations to any country it attacked?

Why hasn't the U.S. government paid war reparations to any country it attacked? According to Wikipedia, the U.S. has never paid any war reparations to members of other countries. It has only paid ...
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3answers
2k views

What would the EU do if an EU member declared war on another EU member?

What would the EU do if an EU member declared war on another EU member? I am wondering what would happen if a country like France attacked a country like Cyprus, what would the EU do in that situation?...
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Have countries that have signed but not ratified international conventions successfully used the arbitration provisions thereof?

This question is inspired by the recent event of Grace 1 being detained by Gibraltar. Interestingly the most aggrieved party (which may or may not have legal standing though), namely Iran, has signed ...
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2answers
2k views

Does the EU have the power to expand its own power without the consent of EU members?

Does the EU have the power to expand its own power without the consent of EU members? If yes, what is the legal framework that allows it to do so? If not, what do the EU members have to do to allow ...
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12k views

Is there a strong legal guarantee that the U.S. can give to another country that it won't attack them?

Is there a strong legal guarantee that the U.S. can give to another country that it won't attack them? I think because U.S. policy tends to drastically change every time the administration changes, ...
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6answers
5k views

What are the consequences for a developed nation to not accept any refugees?

What are the consequences for a developed nation to not accept any refugees? Are there grave consequences for not accepting any refugees? I am asking, because almost every country on the planet ...
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9answers
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What is the fundamental difference between catching whales and hunting other animals?

I read this article and it seems like activists from cultures without a long history of whaling are inconsistent in their criticism of Japan for its whaling. Many cultural cuisines like rabbits, cows,...
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Can there be a UN resolution to remove a country from the UN Security Council?

Can there be a United Nations (UN) resolution to remove a country from the United Nations Security Council (UNSC)? I am wondering if we can vote a country like France or China out of the UNSC. Is ...