下面是那天研討會高老師做的案子分析
我把它整理ㄘ來了(呼呼呼)
供大家參考,希望有幫助!
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Claims:
Pleadings are parallel between 2 parties.
Legal issues:
1.
To prove if there is violations of international obligation concerning the military occupation.
First,under general international law and general principle,foreign military occupation would be illegal under UN Charters.So we need to find out the exceptions.In what conditions would exceptions occur.And prove them.
Also,exceptional rule would apply or not.
If so,the respondent state has to remove and withdraw the soldiers.
*Book(recommended):
International Law Commissions Articles on State Responsibility.
Get the framework of state responsibility:
Breach of obligation
Attributable to the state
Reparation:restitution,that is withdrawl of the military personell at once in the first claim.
On the other side of the coin,respondent side is easier to assert that:
We bore no responsibility.
Even if there were any,the attribution part would be not fulfilled.
Therefore,the applicant state needs not to pay the reparations.
#Pick up the special agreements in paragraph 53 and locate the treaties and convetions as legal bases.
#Look into the claims and locate the relating paragraph(as THE EVIDENCE)
Read all through the treaties(53).
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