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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1answer
124 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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3answers
424 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
267 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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0answers
63 views

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 ...
5
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2answers
436 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
218 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
143 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
87 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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59 views

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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3answers
4k views

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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1answer
97 views

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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1answer
186 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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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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2answers
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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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11answers
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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
12k views

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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3answers
4k views

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 ...
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317 views

Is the U.S. requiring Japan to share their semiconductor patents with the U.S. a case of trade bullying?

The South China Morning Post said: This was followed by a second five-year semiconductor deal in 1991, in which Japan agreed to double the US market share in Japan to 20 per cent. In yet ...
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2answers
121 views

What happens when during the negotiation of a treaty when all the members don't agree on a particular provision?

What happens when during the negotiation of a treaty when all the members don't agree on a particular provision? For example, during the Iran deal, how did members solve their disagreements? Is there ...
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1answer
98 views

Are countries required to reveal intelligence when they use an intelligence to arrest a government official of another country? [closed]

Are countries required to reveal intelligence when they use an intelligence to arrest a government official of another country? For example, if the U.S. arrest a Russian diplomat for spying, is the U....
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2answers
217 views

What are the consequences of the U.S. imposing a 5% tariff against Mexico?

https://www.youtube.com/watch?v=PT42zJhZ-jw What are the consequences of the U.S. imposing a 5% tariff against Mexico? I heard on Bloomberg that the 5% tariff would be a breach of NAFTA. If the U.S. ...
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0answers
129 views

Are there international laws that compel Mexico to prevent migrants from crossing the border and into the U.S.?

Are there international laws that compel Mexico to prevent migrants from crossing the border and into the U.S.? I am asking, because I am wondering if there's any legitimate grievance from the U.S., ...
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1answer
190 views

Does cyber warfare have rules similar to those existing for classic warfare?

Classic warfare has some rules: (..) UN Security Council Resolution 2286. This important document condems attacks against medical facilities, personnel and patients in crisis situations.(..) ...
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1answer
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Does nuclear propulsion applied to military ships fall under civil or military nuclear power?

From what I know very few countries are authorized to possess nuclear weapons, although a few others might secretly have some. But using nuclear power for civilian use (to produce electricity) is ...
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What was the legal basis of the International Criminal Tribunal for the former Yugoslavia?

It seems that a country can simply not become a member of the International Criminal Court and then can ignore (or even threaten sanctions against) any investigation of war crimes or of crimes against ...
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1answer
94 views

Under which conditions are WTO members allowed to slap a tariff on foreign goods?

Under which conditions are WTO members allowed to slap a tariff on foreign goods? I know China has protected its economy with tariffs and so did the EU against American goods, but I was wondering if ...
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1answer
190 views

If China is forcing U.S. firms to hand over technology, why hasn't the U.S. taken China to the WTO and filed a complaint?

The U.S. keeps saying that China is forcing its companies to hand over technology, but then if it's the case as they say, then why didn't the U.S. take China to the WTO in order to complain about it? ...
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4answers
3k views

Under what law can the U.S. arrest International Criminal Court (ICC) judges over war crimes probe?

US threatens to arrest ICC judges over war crimes probe (Deutsche Welle) Is there any such law that would allow the U.S. impinge on another nation's sovereignty in order to prevent ICC judges from ...
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0answers
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What can other WTO members do against the American move to block the WTO judge reappointment?

What can other WTO members do against the American move to block the WTO judge reappointment? Is the WTO effectively frozen as the U.S. blocked the WTO judge reappointment? What can other members do ...
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1answer
87 views

Does the U.S. have the right to pressure Asian and European countries to not use Huawei equipments?

Does the U.S. have the right to pressure Asian and European countries to not use Huawei equipment? Is that against WTO rules? I thought the national security clause only applied within a country's own ...
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2answers
420 views

What can the U.S. do politically if China decided to stop exporting rare earth metals to the U.S.?

China has recently threatened to ban export of rare earth metal to the US. What can the US do to retaliate against such a move politically? Is there anything the U.S. can do that could hurt China as ...
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1answer
88 views

Are U.S. territorial claims in the Pacific compliant with UNCLOS?

The U.S. claims territory in the Pacific as seen in the map below illustration the U.S. exclusive economic zones. The question is: are these claims complying with the United Nations Convention on the ...
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1answer
2k views

Why won't the U.S. be a signatory nation of The United Nations Convention on the Law of the Sea?

https://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Sea The following Wikipedia article states that the U.S. is not a signatory member of The United Nations Convention on the ...
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1answer
394 views

Are Washington's threats over Nord Stream pipeline against WTO rules?

I heard that the U.S. is considering imposing sanctions against Germany if it proceeds to build the Nord Stream pipeline and import gas from Russia, but I was wondering if such trade restrictions ...
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2answers
182 views

Is the practice of giving market access for technology transfer illegal under the WTO?

I was watching a documentary on the trade war and in the documentary a claim is made about the practice of giving market access for technology transfer. They say it was illegal under the WTO, but I ...
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1answer
141 views

How is Qatar v. Bahrain relevant to the form or definition of an agreement in international law?

Wikipedia mentions that As was obvious[citation needed] in Qatar v. Bahrain, disputes may arise concerning the status of the document once one of the parties seeks to enforce its provisions. "The ...
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2answers
531 views

Why did the ICC decide not to probe alleged US atrocities in Afghanistan?

Why did the ICC decide not to probe alleged US atrocities in Afghanistan? The ICC said that investigating these alleged US atrocities would not serve the interest of justice. What do they mean by that ...
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2answers
248 views

Why won't Donald Trump solve its trade grievances through the WTO?

Is there a reason why the U.S. is trying to undermine the WTO and is trying to bypass the WTO to solve its trade grievances with China and other countries? What are the rationales and moral ...
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1answer
234 views

Are there examples of abuses of diplomatic immunity? [closed]

Has there ever been a blatant abuse of diplomatic immunity for a serious crime? I am thinking along the lines of has anyone ever committed a murder, rape, manslaughter, and not been punished by their ...
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4answers
6k views

Can withdrawing asylum be illegal?

Julian Assange, one of the founders of WikiLeaks, and its most visible member, was arrested at the Ecuador embassy in London, after Ecuador withdrew his asylum Today, I announce that the ...
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2answers
2k views

Why US is opposing International Criminal Court? [duplicate]

Some time ago (about half a year in fact), the US withdrew from some treaties related to the ICC. As I understand, the main reason is to protect US military personnel from potential ICC investigations....
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1answer
290 views

Henry Kissinger and the International Criminal court

The International Criminal Court was created by the Rome Statute in 1998, entered into force in 2002 and is currently ratified by 124 nations. This is the court par excellence, for prosecuting crimes ...
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1answer
252 views

Is Russia interfering in Catalonian process?

I heard some months ago that not only did the US congress warn about Russia's interference on Catalonian non-official referendum, but that Russians wanted to use Catalonia as a port for their ...
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1answer
187 views

What obligations does a state have to assist its citizens, when they are in a country with no embassy?

One of three schoolgirls who fled London to join so-called Islamic State in 2015 has been found by a UK newspaper in a Syrian refugee camp. Her family wants the government's help to return her to the ...
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1answer
121 views

Does international law allow for recognising a different government than the one having operational control?

Seven UN members and the EU recognise the Syrian National Council as the legitimate government/authority/interlocator of Syria. Around 50 states recognise the Guaidó interim presidency in Venezuela. ...
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188 views

What would be the repercussions if Venezuela defaulted on Russia's loan?

Recently the Russian Ministry of Finance stated it expects Venezuela to provide payments on time. Given the U.S. has imposed sanctions against Venezuela, would the economic influence on Venezuela ...