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International Law
University of Mississippi School of Law
Brower, Charles H.

          International Law Outline
Professor Brower Fall ‘09
I. Introduction (pages 1-26)
       — International traditional governs the rights of states to the extent that it covers individuals
— International Law
·      Public parts
o        Legal relations of states
o        Political interactions of states
·      Private parts
o        Law governing the foreign transactions of individuals and corporations
o        Legal aspects of the international economy and conflicts and cooperation among national legal systems
**many of the laws and processes traditionally within the ambit of public international law actually concern private, not public, parties, while much of the domain of private international law covers the transactions of public entities
 
— McCann case
      – McCann v. United Kingdom (1995)
·      Illustrates an international rule made by a treaty, adjudicated by an international court, and enforced by a regional international system
·      FACTS: IRA Rebel Members were killed by Spanish and Gibraltar SAS (Specialized Air Services) soldier
·      Legal issues
o        In the first trial, jury returned verdict of lawful killing by a majority of 9 to 2
o        The applicants appealed and complained that the killings of McCann, Farrell, and Savage by members of the SAS constituted a violation of Article 2 of the European Human Rights Covention (EHR)
§ Article 2 of EHR
ú Everyone’s right to life shall be protected by law
ú Deprivation of life shall not be regarded as inflicted in contravention of Article 2 when it results from the use of force which is no more than necessary
·         (a) in defense of any person from unlawful violence
·         (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained
·         (c) in action lawfully taken for the purpose of quelling a riot or insurrection
o        The Court’s approach to the interpretation of Art 2 must be guided by the fact that the object and purpose of the convention requires that its provisions be interpreted and applied as to make its safeguards practical and effective and also sets out the circumstances when the deprivation of live may be justified
o        The Court concluded that the actions of the soldiers do not in themselves; give rise to a violation of Art. 2; but the court went on to say that the reflexes of the soldiers lacked the degree of caution in the use of firearms to be expected from law enforcement personnel in a democratic society even when dealing with dangerous terrorists
o        The Court was not persuaded that t

OF THE CASE: the Filartiga case shows a customary or perhaps a fundamental international legal norm adjudicated by a municipal court and enforced or not by the ordinary mechanisms of that domestic legal system
·      FACTS: Plaintiffs are citizens of Paraguay; the Flartigas came to the U.S. in ’78 and sought permanent political asylum; they brought this action in the Eastern District of New York against Americo Norberto Pena-Irala also a citizen of Paraguay for wrongfully causing the death of Dr. Filartiga’s 17 year old son Joelito [he was kidnapped and tortured to death by Pena (the Inspector General of Police in Asuncion, Paraguay at the time) in retaliation for the father’s political beliefs] o        Dr. Filartiga tried to commence criminal action in the Paraguayan courts against Pena and the police for the murder of his son; his attorney was arrested and shackled to the wall and threatened with death; he was later disbarred for “no reason.”
o        In ’78, Pena also came to the U.S. and Dolly Filartiga learned of his presence