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Lecture 19

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University of Toronto St. George
Political Science
Lilach Gilady

Lecture 19 International Law Efforts of countries to stop piracy Piracy is always accepted as a case of Cogent Law since Roman time therefore open to universal jurisdiction 1789 ruling the US Federal Courts have jurisdiction in Alien Tort Statute jurisdiction over appeals that had to do with piracy even in open sea because piracy was part of Cogent Law and the US could act because if was a world issue even if not related to the US at all 19791980 Filartiga v PenaIrala A man was killed by Stroessner in Paraguay Filartiga and the family asked the US courts to try and imprison PenaIrala for the torture of their family member They used the Alien Tort Statute and argued that US had jurisdiction because torture became part of Cogent Law therefore the US had universal jurisdiction over this case and asked the US to try PenaIrala for torture No one and nothing here was US related International law allowed this because of Cogent Law They needed to rule whether they see torture akin to piracy in international law The US courts in 1980 ruled they had jurisdiction in the Filartiga v PenaIrala case Kiobel v Royal Dutch Petroleum Shell Group of nigerian citizens arguing that Shell in Nigeria was involved in unsavoury practices and people were against their ways Shell asked the Nigerian govt to do something and the govt tortured and executed them They are now asking for the implementation of Alien Tort Statute because torture is a violation of international and Cogent Law They also were discussing whether corporations were subject to international law Supreme Court ruled that corporations were to be treated and considered as people The result of the case hasnft been released yet ICJ It is a UN organ Continues the role of an institution established by the League of Nations PCIJ Peace Palace The Hague Serves an advisory role The Security Council an ask the ICJ to provide it with a legal opinion regarding an issue Sometime sit also
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