NAME SUBJECT RULE OF LAW PARAGRAPHS
Unilateral Legality of General international law does not contain any 84.
declaration of declaration of applicable prohibitions of declarations of
independence by independence independence. Therefore, declarations of
Kosovo independence are in accordance with international
law.
North Sea Requirements for A provision is only able to qualify as customary 73, 74, 77
continental shelf customary international law, once the conduct results in a state
case international law practice (1) and is carried out with legal conviction
(2). States must act in compliance with the norm not
merely out of convenience, habit, coincidence, or
political expediency, but rather out of a sense of
legal obligation.
The S.S. Lotus Requirements for It has become state practice for countries to exercise Page 131, 132,
customary jurisdiction over their own nationals. However, this is 135
international law not done out of habit. Hence, the opinion juris is
lacking and the state practice has not become a rule
of customary international law.
Legality of the treat Legality of the treat There are no comprehensive and universal 73
or use of nuclear or use of nuclear prohibitions on the treat or use of nuclear weapons
weapons weapons either in treaty of customary law. The opinion juris is
not in accordance with state practice, which is why a
general prohibition of the treat or use has not
become a rule of customary international law.
Hence, permitted under international law.
Nicaragua 1. Relationship 1. The fact that the principles have been codified in 1. 174, 177, 179,
between customary multilateral conventions does not mean that they 186.
international law cease to exist and apply as principles of customary
and treaty law. law. They retain a separate existence due to parallel
obligations.
2. State 2. A state lacks effective control, if the conduct of
responsibility for private individuals could have been committed 2. 115, 116
conduct of private without control of the state. In that case, the
individuals and conduct of private individuals is not attributable to
effective control. the state and the state cannot be held responsible
for the conduct.
3. An action is undertaken for the purpose of
3. Collective self- collective self-defense, if the victim states have
defense made an explicit request for help to that effect.
Measures taken in self-defense shall be reported to 3. 176, 191, 195
the UNSC prior to taking action, rather than
afterwards.
The island of the Acquisition of The discoverer of a territory obtains an inchoate Pages 139, 142,
Palmas territory title. Afterwards, it must exercise authority over the 145, 146, 154,
territory in order to obtain a definite title. Hence, an 155, 169
inchoate title cannot prevail over a definite title
found on the continuous and peaceful display of
sovereignty.
Reparation for International legal The UN possesses both international legal Appendix
injuries personality and the personality and the capacity to bring international
capacity to bring claims against states. Reparation damages could be
international claims claimed for damage that has been caused to the UN
against states itself or to their agents.
Tehran Hostages State responsibility The conduct of private individuals becomes state 69-74
for the conduct of conduct once it has been acknowledged and
private individuals adopted as its own (art. 11 ILC). The state bears
responsibility for this conduct, due to the conduct
having become attributable to the state.
, The Prosecutor v. State responsibility Overall control suffices for the attribution of 88, 97, 114, 115,
Dusko Tadic for the conduct of misconduct committed by an organized military or 120, 137, 162
private individuals paramilitary group to a state. The state shall provide
and overall control the group with equipment, funding and coordination
or help in the general planning of its military activity.
Genocide (Bosnia State responsibility A state is merely responsible for its own conduct, 403-406
and Herzegovina v. for the conduct of which includes the actions of its state organs, as well
Serbia and private individuals as the actions of private individuals performed on
Montenegro) the instructions or under the effective control of the
state.
Armed activities Jurisdiction of the In case a state has not consented to the jurisdiction 64
DRC v. Rwanda ICJ of the international Court of Justice, the ICJ lacks
jurisdiction and therefor is unable to advance the
case past the preliminary matter of jurisdiction.
Tobacco European Union The Court decided that art. 114 TFEU is not an 82-86
Advertising competences appropriate legal basis for the directive as the
directive does not contribute to the elimination of
either obstacles in trade or appreciable distortions of
competition. The directive was therefor to be
annulled in its entirely.
ERTA European Union The Union has an internal power, which comes with 4, 9, 15-18, 90
competences an external power to conclude international treaties
for all matters falling within the scope of the Union’s
internal competence. Hence, the MS are deprived of
their treaty-making power to the extent that their
exercise affects internal EU law. Each time the Union
adopts provisions laying down common rules, the
MS no longer have the right to undertake obligations
with third countries which affect those rules.
Titanium Dioxide National and EU The choice of the legal basis of an act may not 1-4, 7, 9, 16-18,
actions depend solely on an institution’s perception of the 22-25
aim pursued but must also be based on objective
factors amenable to judicial review. This includes
primarily the purpose and the content of the act.
ERT Fundamental rights Union law does not prohibit television monopolies -
protection of a non-economic nature relating to the public
interest. However, the way such a monopoly is
organized and exercised must be in accordance with
the provisions of the Treaty on the free movement of
goods and services, as well as the rules on
competition.
National rules must be interpreted in the light of the
general principles of law and in particular of
fundamental rights. If they are compatible with the
fundamental rights, they can be excepted from the
provisions.
Akerberg Fransson Fundamental rights Union law does not govern the relations between -
protection the ECHR and the legal systems of the MS. MS can
impose both a non-criminal tax penalty, as well as a
criminal penalty for the same acts. This does not
constitute a breach of the ne bis in idem principle.
Any national provisions or practice that prevents
national courts from assessing themselves whether
the national laws preventing the full force and effect
of the Union rules, is incompatible with EU law.
Wachauf Fundamental rights The term ‘holding’ in art. 12d of the reg No. -
protection 857/84/EEC covers all agricultural production units
which are the subject of a lease.
The requirements of the protection of fundamental
rights in the Union legal order are binding on the MS
Unilateral Legality of General international law does not contain any 84.
declaration of declaration of applicable prohibitions of declarations of
independence by independence independence. Therefore, declarations of
Kosovo independence are in accordance with international
law.
North Sea Requirements for A provision is only able to qualify as customary 73, 74, 77
continental shelf customary international law, once the conduct results in a state
case international law practice (1) and is carried out with legal conviction
(2). States must act in compliance with the norm not
merely out of convenience, habit, coincidence, or
political expediency, but rather out of a sense of
legal obligation.
The S.S. Lotus Requirements for It has become state practice for countries to exercise Page 131, 132,
customary jurisdiction over their own nationals. However, this is 135
international law not done out of habit. Hence, the opinion juris is
lacking and the state practice has not become a rule
of customary international law.
Legality of the treat Legality of the treat There are no comprehensive and universal 73
or use of nuclear or use of nuclear prohibitions on the treat or use of nuclear weapons
weapons weapons either in treaty of customary law. The opinion juris is
not in accordance with state practice, which is why a
general prohibition of the treat or use has not
become a rule of customary international law.
Hence, permitted under international law.
Nicaragua 1. Relationship 1. The fact that the principles have been codified in 1. 174, 177, 179,
between customary multilateral conventions does not mean that they 186.
international law cease to exist and apply as principles of customary
and treaty law. law. They retain a separate existence due to parallel
obligations.
2. State 2. A state lacks effective control, if the conduct of
responsibility for private individuals could have been committed 2. 115, 116
conduct of private without control of the state. In that case, the
individuals and conduct of private individuals is not attributable to
effective control. the state and the state cannot be held responsible
for the conduct.
3. An action is undertaken for the purpose of
3. Collective self- collective self-defense, if the victim states have
defense made an explicit request for help to that effect.
Measures taken in self-defense shall be reported to 3. 176, 191, 195
the UNSC prior to taking action, rather than
afterwards.
The island of the Acquisition of The discoverer of a territory obtains an inchoate Pages 139, 142,
Palmas territory title. Afterwards, it must exercise authority over the 145, 146, 154,
territory in order to obtain a definite title. Hence, an 155, 169
inchoate title cannot prevail over a definite title
found on the continuous and peaceful display of
sovereignty.
Reparation for International legal The UN possesses both international legal Appendix
injuries personality and the personality and the capacity to bring international
capacity to bring claims against states. Reparation damages could be
international claims claimed for damage that has been caused to the UN
against states itself or to their agents.
Tehran Hostages State responsibility The conduct of private individuals becomes state 69-74
for the conduct of conduct once it has been acknowledged and
private individuals adopted as its own (art. 11 ILC). The state bears
responsibility for this conduct, due to the conduct
having become attributable to the state.
, The Prosecutor v. State responsibility Overall control suffices for the attribution of 88, 97, 114, 115,
Dusko Tadic for the conduct of misconduct committed by an organized military or 120, 137, 162
private individuals paramilitary group to a state. The state shall provide
and overall control the group with equipment, funding and coordination
or help in the general planning of its military activity.
Genocide (Bosnia State responsibility A state is merely responsible for its own conduct, 403-406
and Herzegovina v. for the conduct of which includes the actions of its state organs, as well
Serbia and private individuals as the actions of private individuals performed on
Montenegro) the instructions or under the effective control of the
state.
Armed activities Jurisdiction of the In case a state has not consented to the jurisdiction 64
DRC v. Rwanda ICJ of the international Court of Justice, the ICJ lacks
jurisdiction and therefor is unable to advance the
case past the preliminary matter of jurisdiction.
Tobacco European Union The Court decided that art. 114 TFEU is not an 82-86
Advertising competences appropriate legal basis for the directive as the
directive does not contribute to the elimination of
either obstacles in trade or appreciable distortions of
competition. The directive was therefor to be
annulled in its entirely.
ERTA European Union The Union has an internal power, which comes with 4, 9, 15-18, 90
competences an external power to conclude international treaties
for all matters falling within the scope of the Union’s
internal competence. Hence, the MS are deprived of
their treaty-making power to the extent that their
exercise affects internal EU law. Each time the Union
adopts provisions laying down common rules, the
MS no longer have the right to undertake obligations
with third countries which affect those rules.
Titanium Dioxide National and EU The choice of the legal basis of an act may not 1-4, 7, 9, 16-18,
actions depend solely on an institution’s perception of the 22-25
aim pursued but must also be based on objective
factors amenable to judicial review. This includes
primarily the purpose and the content of the act.
ERT Fundamental rights Union law does not prohibit television monopolies -
protection of a non-economic nature relating to the public
interest. However, the way such a monopoly is
organized and exercised must be in accordance with
the provisions of the Treaty on the free movement of
goods and services, as well as the rules on
competition.
National rules must be interpreted in the light of the
general principles of law and in particular of
fundamental rights. If they are compatible with the
fundamental rights, they can be excepted from the
provisions.
Akerberg Fransson Fundamental rights Union law does not govern the relations between -
protection the ECHR and the legal systems of the MS. MS can
impose both a non-criminal tax penalty, as well as a
criminal penalty for the same acts. This does not
constitute a breach of the ne bis in idem principle.
Any national provisions or practice that prevents
national courts from assessing themselves whether
the national laws preventing the full force and effect
of the Union rules, is incompatible with EU law.
Wachauf Fundamental rights The term ‘holding’ in art. 12d of the reg No. -
protection 857/84/EEC covers all agricultural production units
which are the subject of a lease.
The requirements of the protection of fundamental
rights in the Union legal order are binding on the MS
