Suchergebnisse

The individual in international law — Extradition — Procedure — Speciality — Double criminality — Multiple charges — Credibility of evidence — The law of the United States

Jurisdiction — Personal — Over nationals abroad — Authority to issue subpoena to compel appearance of national before grand jury proceedings — The law of the United States of America.

International criminal law — Genocide — International crime of genocide under customary international law — Status of jus cogens — Universal jurisdiction — Non-derogable obligations erga omnes — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Definition of genocide — Requirement of intent to destroy — Indigenous people of Australia — Whether sponsorship of Native Title Act amendments an act of genocide — Whether failure to seek World Heritage listing of lands of Arabunna People an act of genocide — Role of CourtRelationship of international law and municipal law — Treaties — International crimes — Genocide — Whether genocide forming part of common law of Australia — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, not incorporated into Australian municipal law — Customary international law — Genocide having status of jus cogens — Universal jurisdiction — Whether crime of genocide part of Australian municipal law — Incorporation doctrine — Transformation doctrine — Common law adoption approach — Legislative adoption 354approach — Whether municipal legislation necessary for genocide to be cognizable in Australian court — The law of Australia

State immunity — Jurisdictional immunity — Commercial activity exception — Issuance of negotiable promissory notes by foreign State — Whether constituting a commercial activity — Requirement that commercial activity have substantial contact with United States — Whether issuing notes in United States constituting a substantial contact — Waiver — Implied waiver — Submission to jurisdiction of United States courts in related proceedings — Whether constituting implied waiver of immunity — United States Foreign Sovereign Immunities Act 1976110State immunity — Jurisdictional immunity — United States Foreign Sovereign Immunities Act 1976 — Relationship between personal and subject matter jurisdiction — Constitutional due process requirement of "minimum contacts" between defendant and United States — Satisfaction of requirement necessary in order to establish personal jurisdiction — Whether "minimum contacts" standard satisfied by meeting subject matter jurisdictional requirement of "substantial contact" with United States — The law of the United States