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Additional resources for Casenote Legal Briefs International Law: Keyed to Damrosch, Henkin, Murphy and Smit, 5e
Quicknotes A decision rendered at the request of an interested party of how the court would rule should the particular issue arise. ADVISORY OPINION BREACH The violation of an obligation imposed pursuant to contract or law, by acting or failing to act. 161 CASENOTE LEGAL BRIEFS International Law Appeal Relating to the Jurisdiction of the ICAO Council (India v. Pakistan) Petitioner (P) v. J. 46. NATURE OF CASE: Proceeding before the International Court of Justice. J. did not have jurisdiction over a dispute regarding aviation treaties.
1340 (1 998). NATURE OF CASE: Advisory opinion regarding self-determination in relation to separatist movements. FACT SUMMARY: Quebec attempted to secede from Canada. • MUJI RULE OF LAW ... :cJeterminatifin cannOt be said to ground a right to unilateral secession. ] ISSUE: Is there a right to self-determination under international law that would give the National Assembly, legislature, or government of Quebec the right to effect Quebec's unilateral secession from Canada? ] The international law principle of self-determination has evolved within a framework of respect for the territorial integrity of existing states.
Alvarez-Machain) 26 6. Unilateral Acts. A reply given by the Minister of Foreign Affairs on behalf of his government is binding upon the country to which the Minister belongs. (Legal Status of Eastern Greenland (Norway v. Denmark)) 27 7. Unilateral Acts. Declarations made by way of unilateral acts may have the effect of creating legal obligations. (Nuclear Tests Case (Australia & New Zealand v. France)) 28 8. Unilateral Acts. Unilateral declarations made by heads of state bind the state to its terms only when the intention confers on the declaration the character of a legal undertaking.
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