Rainbow Warrior Case
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Rainbow Warrior Case
The Rainbow Warrior Case was a dispute between New Zealand and France that arose in the aftermath of the sinking of the ''Rainbow Warrior''. It was arbitrated by UN Secretary-General Javier Pérez de Cuéllar in 1986, and became significant in the subject of public international law for its implications on state responsibility. Background On 10 July 1985, an undercover operation conducted by the French military security service (DGSE) sank the Dutch-registered Greenpeace ship ''Rainbow Warrior'' berthed in Auckland Harbour, killing a Portuguese photographer, Fernando Pereira. The Greenpeace ship was planning to disrupt French nuclear tests on the islands of French Polynesia. New Zealand subsequently caught and convicted two members of the French secret forces. Legal consequences After a series of diplomatic confrontations between France and New Zealand pertaining primarily to issues of compensation and the treatment of the apprehended agents, both governments decided to ...
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New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island country by area, covering . New Zealand is about east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The country's varied topography and sharp mountain peaks, including the Southern Alps, owe much to tectonic uplift and volcanic eruptions. New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and then developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. In 1840, representatives of the United Kingdom and Māori chiefs ...
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UN Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council. The UN Charter mandates the UN and its member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion". As a charter and constituent treaty, its rules and obligations are binding on all members and supersede those of other treaties. During the Second World War, the Allies—Declaration by Un ...
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1986 In France
Events from the year 1986 in France. Incumbents * President: François Mitterrand * Prime Minister: Laurent Fabius (until 20 March), Jacques Chirac (starting 20 March) Events *20 January – The United Kingdom and France announce plans to construct the Channel Tunnel, which is hoped to be open in the early 1990s. *12 February – Treaty of Canterbury, Anglo-French Treaty on the Channel Tunnel, is signed. *16 February – The French Air Force raids the Libyan Ouadi Doum airbase in northern Chad. *21 February – Launch of the Renault 21 saloon and ''Nevada'' estate, which replace the Renault 18. *16 March – Legislative Election held. *16 March – Regional Elections held. *1 April – Le Parisien, the French national newspaper, causes a brief public outrage by reporting that the Eiffel Tower will be relocated from its location in the centre of Paris to the Euro Disney development site to the east of the city. It is quickly discovered to be an April Fools' Day joke. *May – P ...
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1986 In International Relations
The year 1986 was designated as the International Year of Peace by the United Nations. Events January * January 1 **Aruba gains increased autonomy from the Netherlands by separating from the Netherlands Antilles. **Spain and Portugal enter the European Community, which becomes the European Union in 1993. *January 11 – The Sir Leo Hielscher Bridges, Gateway Bridge in Brisbane, Australia, at this time the world's longest prestressed concrete free-cantilever bridge, is opened. *January 13–January 24, 24 – South Yemen Civil War. *January 20 – The United Kingdom and France announce plans to construct the Channel Tunnel. *January 24 – The Voyager 2 space probe makes its first encounter with Uranus. *January 25 – Yoweri Museveni's National Resistance Army Rebel group takes over Uganda after leading a five-year guerrilla war in which up to half a million people are believed to have been killed. They will later use January 26 as the official date to avoid a coincidence of ...
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Arbitration Cases
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial a ...
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1986 In Law
The year 1986 was designated as the International Year of Peace by the United Nations. Events January * January 1 **Aruba gains increased autonomy from the Netherlands by separating from the Netherlands Antilles. **Spain and Portugal enter the European Community, which becomes the European Union in 1993. *January 11 – The Sir Leo Hielscher Bridges, Gateway Bridge in Brisbane, Australia, at this time the world's longest prestressed concrete free-cantilever bridge, is opened. *January 13–January 24, 24 – South Yemen Civil War. *January 20 – The United Kingdom and France announce plans to construct the Channel Tunnel. *January 24 – The Voyager 2 space probe makes its first encounter with Uranus. *January 25 – Yoweri Museveni's National Resistance Army Rebel group takes over Uganda after leading a five-year guerrilla war in which up to half a million people are believed to have been killed. They will later use January 26 as the official date to avoid a coincidence of ...
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The International And Comparative Law Quarterly
The ''International & Comparative Law Quarterly'' is a law review published quarterly by thBritish Institute of International and Comparative Law It was established in 1952 and covers comparative law as well as public and private international law, including human rights, war crimes, and genocide, World Trade Organization law and investment treaty arbitration, recent developments of international courts and tribunals, as well as comparative public and private law all over the world. In addition to longer articles, the journal publishes book reviews. The editor-in-chief is Malcolm Evans (University of Bristol) and the Managing Editor iAnthony Wenton(British Institute of International and Comparative Law). This journal is the result of the merger of the ''Journal of Comparative Legislation and International Law'' and ''The International Law Quarterly''.
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International Court Of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the Second World War, both the league and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid. All member states of the UN are party to the ICJ Statute and may initiate contentious cases; ho ...
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Hao (French Polynesia)
Hao, or Haorangi, is a large coral atoll in the central part of the Tuamotu Archipelago. It has c. 1000 people living on . It was used to house the military support base for the nuclear tests on Mururoa. Because of its shape, French explorer Louis Antoine de Bougainville named it "Île de la Harpe" (Harp Island). Geography Hao is east of Tahiti. It is long and wide. The lagoon is the fourth largest atoll in French Polynesia (after Rangiroa, Fakarava, and Makemo) and has only one navigable passage, at Kaki, on the north end of the atoll where strong currents prevail up to 20 knots with bores. The lagoon covers an area of 720 km2. The climate is maritime, with temperatures oscillating between 23 and 32 °C throughout the year. The chief town is the village of Otepa, where the main economic activity is the cultivation of pearls. Demography The main village is Otepa, and the population was 1066 inhabitants in the 2012 census, with a strong demographic increase si ...
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Repatriation
Repatriation is the process of returning a thing or a person to its country of origin or citizenship. The term may refer to non-human entities, such as converting a foreign currency into the currency of one's own country, as well as to the process of returning military personnel to their place of origin following a war. It also applies to diplomatic envoys, international officials as well as expatriates and migrants in time of international crisis. For refugees, asylum seekers and illegal migrants, repatriation can mean either voluntary return or deportation. Repatriation of humans Overview and clarification of terms Voluntary vs. forced return Voluntary return is the return of eligible persons, such as refugees, to their country of origin or citizenship on the basis of freely expressed willingness to such return. Voluntary return, unlike expulsion and deportation, which are actions of sovereign states, is defined as a personal right under specific conditions described in ...
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Force Majeure
In contract law, (from Law French: 'overwhelming force', ) is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, epidemic or sudden legal changes prevents one or both parties from fulfilling their obligations under the contract. Explicitly excluded is any event described as an ''act of God,'' which covers a separate domain and legally differs, yet it is still related to contract law. In practice, most clauses do not excuse a party's non-performance entirely but only suspend it for the duration of the .Supreme Court of India">Supreme Court (of India) 1285 it was held that "An analysis of ruling on the subject shows that reference to the expression is made where the intention is to save the defaulting party from the consequences of anything over which he had no control." Even if a ''force majeure'' clause covers the rel ...
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Espionage
Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangible benefit. A person who commits espionage is called an ''espionage agent'' or ''spy''. Any individual or spy ring (a cooperating group of spies), in the service of a government, company, criminal organization, or independent operation, can commit espionage. The practice is clandestine, as it is by definition unwelcome. In some circumstances, it may be a legal tool of law enforcement and in others, it may be illegal and punishable by law. Espionage is often part of an institutional effort by a government or commercial concern. However, the term tends to be associated with state spying on potential or actual enemies for military purposes. Spying involving corporations is known as industrial espionage. One of the most effective ways to gath ...
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