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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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Can there be an UN resolution to remove a country from the UNSC?

Can there be an UN resolution to remove a country from the UNSC? I am wondering if we can vote a country like France or China out of the UNSC. Is there any rule that forbid such a resolution to be ...
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135 views

Can OFFICIAL cyber operations be considered as an act of agression?

Recently, NY times published an article, describing US cyber-operations against Russia: https://www.nytimes.com/2019/06/15/us/politics/trump-cyber-russia-grid.html Is this a violation of ...
6
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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
115 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
89 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....
2
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2answers
195 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. ...
3
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0answers
109 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., ...
5
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1answer
162 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 ...
3
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1answer
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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
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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
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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 ...
1
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1answer
78 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
347 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 ...
2
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1answer
81 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
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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 ...
2
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1answer
292 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 ...
2
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2answers
173 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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71 views
+100

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
524 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 ...
2
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2answers
199 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
227 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
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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
1k 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....
4
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1answer
266 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
245 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
180 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 ...
5
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1answer
111 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. ...
4
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0answers
187 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 ...
2
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0answers
71 views

Does China interfere with commercial shipping passing through the Taiwan Straits?

I have read that China considers the Taiwan Straits to be its "sovereign territory" which differs from international law that defines bodies of waters 12 miles or more offshore as international waters ...
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2answers
265 views

Sanctions on countries with legal but cruel punishments

I'm not aware of any sanction imposed on countries for legal but barbaric punishments, such as limb amputation in Saudi Arabia, or caning in Malaysia. By "barbaric punishment" I mean what most people ...
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4answers
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How would a libertarian model address widely spread negative externalities (such as CFCs)?

I understand the concept in libertarianism that if corporation A dumps toxic waste in a river and downstream of this river corporation B bottles this water for consumption, that corporation B has had ...
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1answer
90 views

Violating sanctions - Individual or institutions held responsible? [closed]

Consider the current events (at the time of this post Dec. 11, 2018), as the CFO of Huawei is detained. Exactly what charged will be leveled against her have not yet been revealed, but there is ...
1
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1answer
244 views

Legal rationale for detention of Meng Wanzhou by the United States [duplicate]

Meng Wanzhou, CFO of Chinese multinational Huawei and daughter of its founder was detained on Dec 1, 2018 in Vancouver, Canada, at a request of the United States. How do the United Stated justify ...
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2answers
371 views

Can parties usually withdraw unilaterally from treaties? What's unusual about the binding nature of the “Irish backstop” in the Brexit agreement?

Labour leader Jeremy Corbyn writes in The Guardian about the proposed Brexit agreement, specifically about the Irish backstop: There is no precedent I am aware of for a British government signing ...
2
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1answer
126 views

What's the fallout for making it possible to roll back international wire transfers?

In the news today, yet another reminder that the international fraudsters like wire-transfers for their difficulty in being reversed. I haven't been bit yet but I'm rather fed up at this point. The ...
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2answers
464 views

Convention to stop defamation of religion

Pakistani prime minister said that we shall be introduced a convention to stop the ‘’defamation of any religion’’ and this work will be supervised by jurist. The question is: Is there any legal ...
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4answers
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How do states trust each other to comply with treaties?

There is no global power that enforces treaties so when entering into one a state has to make a prediction about whether the other parties will comply with it. I'm guessing they base their predictions ...
6
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1answer
129 views

In the international law, is there any law or a principle regulating treaties signed with a state that later broke up?

In the international law, is there any law or a principle regulating such cases like which resulting state must be a successor to the state that has just broken up and how the signed treaties with ...
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1answer
5k views

When Yugoslavia broke up, which of the resulting countries did officially inherit all the international treaties signed with Yugoslavia?

When Yugoslavia broke up, which of the resulting countries did officially inherit all the international treaties that had been signed with Yugoslavia? Like in the case with USSR it was Russia, what ...
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1answer
91 views

Does Mexico's aid option for Central American migrants somehow change the status or rights of the displaced persons under international law?

French news agency AFP, and Yahoo published a story under the headline Mexico announces aid options for Central American migrants. It starts out with the following: October 26, 2018 [dateline on ...
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1answer
483 views

Shipping a person in a diplomatic bag

So I found a story about 'Joeseph Dahan,' who was found and released from inside an Egyptian diplomatic bag being sent from Italy to Egypt. Is a diplomatic bag with a person inside it inviolable?
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2answers
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What are the options to a hosting country if a foreign embassy imprisoned someone inside it?

Today I heard an interesting news story on the radio. A Saudi citizen was imprisoned inside the Saudi embassy in Istanbul (Turkey), and the Turkish authorities are investigating the matter after a ...
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2answers
289 views

What stops countries from acting unilateraly

There is a kind of similar question at Why not leave UN. Let's suppose, that leaving UN and other treaties signed by the country is perceived an extremely negative option. But what, if a country ...
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2answers
231 views

Can a EU country refuse to allow a car to circulate with plates from another EU country?

A spat between Sweden and Romania; a car with an insulting plates (when read in Romanian) caused the Swedish embassy to release this rather ambiguous statement: The Embassy of Sweden in Romania ...
4
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1answer
278 views

How many treaties ratified by Congress did the US exit unilaterally?

In an attempt to better focus a recent question asked here that is popular but very open to interpretation (which alas often happens on politics SE), I want to ask: Are there any statistics on ...
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2answers
419 views

Does the right to self-determination trump the requirement to accept refugees in international law?

Many politicians on both the right and left side of the political spectrum support a nation's right to self-determination. For example many claim that Catalonia should be allowed to become an ...
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1answer
122 views

Has the OPCW submitted its report relevant to the alleged April 7, 2018 chemical weapon attack in Douma to the organisation's member states?

Has the OPCW (Organisation for the Prohibition of Chemical Weapons) submitted its report relevant to the alleged April 7, 2018 chemical weapon attack in Douma to the organisation's member states? If ...