国际公法案例分析
Case study of international public law
1, 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 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, overtook 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 launches 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 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 purpose 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 international law.
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 shortly 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.
Ask:
(1) what are the main international conventions concerning the punishment of aviation 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 conventions?
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, the country of B, the country of the offence, the country of C, the country of registration, the country of D and the place where the 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 principle 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 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 and
asylum. In accordance with the relevant rules and regulations of international law, please analyze:
(1) whether the state of Belgium has the obligation to extradite Zhang under international law? Why?
