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Extra resources for Casenote Legal Briefs International Law: Keyed to Damrosch, Henkin, Murphy and Smit, 5e

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1980). NATURE OF CASE: Appeal of dismissal of wrong- JURISDICTION The authority of a court to hear and de- ful death action. clare judgment in respect to a particular matter. FACT SUMMARY: Filartiga (P) filed an action WRONGFUL DEATH against Pena-Irala (D), contending he had tortured to death Filartiga's (P) decedent. • RULEOFLAW 111M Torture may be considered to violate the law of nations for purposes of the Alien Tort Statute. FACTS: Filartiga (P) brought an action against PenaIrala (D), claiming that he had tortured to death Filartiga's (P) decedent while Pena-Irala (D) was police InspectorGeneral.

This project was never completed and both countries underwent changes in their political and economic systems beginning in 1989. Hungary (D) first suspended and then abandoned its part of the works and later gave notice of termination of the treaty. J. to decide on the basis of international law whether Hungary (D) was entitled to suspend, and subsequently abandon, its part of the works, on the basis of the doctrine of impossibility of performance. TREATY ISSUE: Must a fundamental change of circumstances have been unforeseen and must the existence of the circumstances at the time of the treaty's conclusion have constituted an essential basis of the consent of the parties to be bound?

Lnt'l Arb. Awards 369 (1923). NATURE OF CASE: Arbitration of contract repu- Ouicknotes diation. In fact; something that is recognized by virtue of its existence in reality, but is illegal for failure to comply with statutory requirements. FACT SUMMARY: Great Britain (P) claimed that the former government of Costa Rica (D), the Tinoco regime, had granted oil concessions to a British company that had to be honored by the present regime. . RULEOFLAW MUll A government that establishes itself and maintains a peaceful de facto administration need not conform to a previous constitution and nonrecognition of the government by other governments does not destroy the de facto status of the government.

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