國際公法案例分析.doc

1、國際公法案例分析Case study of international public law1, May 20, 2005, China Sea National contiguous zone, warships at a distance of about 16 sea coast of the sea, found a ship suspected of smuggling to China electric ship rainbow, the ship in country B registration but all the crew for a country, when the

2、Seahawks tried to get close to the rainbow, to check the number when the rainbow, fled to the high seas, the Seahawks on its hot pursuit. In May 21st, up to 105 nautical miles of the place, due to a fault, the Seahawks stopped chasing no. In May 22nd, a warship from another direction, the mighty, ov

3、ertook the rainbow. When boarding and inspection request is rejected when the mighty warship sunk at the rainbow.Ask:(1) the flag should be the rainbow which country? Why?(2) whether the Seahawks warship has the power to execute the tasks of the rainbow run? Why?(3) the mighty warship USS Seahawk la

4、unches to replace the rainbow, hot pursuit is justified? Why?(4) is it lawful for the mighty warship to sink the rainbow? Why? Answer:(1) the country of registration is the state of registration.(2) there is, in accordance with international law, the right of coastal States to pursue hot pursuit of

5、foreign ships under the jurisdiction of their own territorial waters.(3) unfair, because, due to the failure of the Seahawks stop chasing the mighty warship did not succeed in time, has formed the interruption of the right of hot pursuit.(4) there is no basis for international law, because the purpo

6、se of the right of hot pursuit is to arrest illegal foreign ships, and the use of force is obviously contrary to the basic principles of internationallaw.2, A countries posing as B countries, staff stay in the B countries C aircraft, and placed a bomb, fled back to A countries. The plane exploded sh

7、ortly after takeoff in D. ABCD countries have participated in the International Convention on the punishment of aviation crimes, and they have not signed any agreements on criminal judicial assistance such as extradition.(1) what are the main international conventions concerning the punishment of av

8、iation crimes?(2) which countries have jurisdiction? Reason。(3) if the C country requests the extradition of a A country, does the A country have to extradite? Why?(4) if A does not extradite a country, what measures should the A countries take in accordance with the relevant international law conve

9、ntions?Answer:(1) the Tokyo convention of 1963, the Hague convention of 1970 and the Montreal convention of 1971.(2) A country, the country where the offender is located, thecountry of B, the country of the offence, the country of C, the countryof registration, the country of D and the place where t

10、he crime occurred.(3) A countries do not have the obligation to extradite, because the Convention does not create extradition obligations for the Contracting States unless there is an extradition treaty between the parties(4) A countries have to prosecute a, because the Convention establishes the pr

11、inciple of extradition or prosecution.3, a Zhang and B people in a country in a country engaged in transnational population and drug trafficking, after the incident, Zhang fled to the territory of the territory of the country, Liu fled into the country in the consulate of a country. Zhang asked for

12、asylum from the country for its political activities against the government of the state. Liu also applied for asylum to the state consulate in the state of b. There is no treaty between the two countries on extradition andasylum. In accordance with the relevant rules and regulations of internationa

13、l law, please analyze:(1) whether the state of Belgium has the obligation to extradite Zhang under international law? Why?(2) if the state does not extradite Zhang, does it have the obligation to protect Zhang? If the state provides asylum, is it in conformity with international law?(3) what are the

14、 nature of asylum provided by the consulate of the state of Guinea in granting Lius asylum? Is it in conformity with international law?Answer:(1) because there is no treaty of extradition and asylum between the two countries, the state has no obligation to extradite.(2) non extradition is not equal

15、to asylum; asylum is the scope of sovereignty of a country; it is the choice of the state according to its own needs; it is a national right, not an obligation. It is not in conformity with the relevant provisions of international law that the state of Hong Kongs asylum for Zhang is inconsistent wit

16、h the provisions of international law, because trafficking in drugs and trafficking in human beings are international crimes and are not included in the asylum.(3) it is not entitled to asylum. Asylum is based on territorial sovereignty, and the Consulate does not possess the territorialcharacter of

17、 other states,Have no right to provide shelter. The asylum of the consulate of the state of Asia is not in conformity with international law.4, May 20, 2005, their country a contiguous zone in the sea warship Seahawk distance from the coast about 16 nautical miles, found a ship suspected of smugglin

18、g is ready to ship a country electric appliances lucky, the ship in country B registration but all the crew for a country. When the lucky number fled to the high seas, the Seahawks were chasing the no. In May 21st, up to 105 nautical miles of the place, due to a fault, the Seahawks stopped chasing n

19、o. In May 22nd, a warship from another direction, the mighty, overtook the lucky number. When stopping and boarding and inspection request is rejected when the mighty warship sunk the fire will be lucky. Question:(1) the flag should be lucky, what country? Why?(2) whether the Seahawks warship has th

20、e power to execute on lucky, a tough task? Why?(3) is it right for the warship to take the lucky number from battleship to replace battleship? Why?(4) will it be lawful for the mighty warship to sink the lucky number? Why?5, a A domestic goods left the A port, into the high seas, A a crew member aft

21、er drinking, a B crew killed. When thefreighter was sailing through the territorial sea of C to the port of destination D, the consul of B requested C to assist the arrest of the A criminal suspect. The C nation accepted the request to arrest the suspect in the cargo ship of the A country through it

22、s territorial waters and to bring the freighter back to its port for criminalinvestigation. A countries, B countries and C countries are all parties to the United Nations Convention on the law of the sea.On the basis of the above facts, is the practice of C countries correct? Why?Answer:C countries are not doing the ri