Court Cases
Chapter Five: Jurisdiction
- 1812 The Schooner Exchange v. McFadden
- 1933 Legal Status of the Southeastern Coast of Greenland
- 1951 Anglo-Norwegian Fisheries Case
- 1961 The Trial of Adolf Eichmann
- 1964 Banco Nacional de Cuba v. Sabbatino
1812 The Schooner Exchange v. McFadden
A Case before the U.S. Supreme Court
Author’s Note: A solid version of sovereign immunity of a state was recognized in this case. A private ship taken from a U.S. citizen by France during hostilities with Britain was left under the French flag by the U.S. Supreme Court.
1933 Legal Status of the Southeastern Coast of Greenland
A set of judgments, orders, and advisory opinions that began in 1932 in a case between Norway and Denmark
Author’s Note: The PCIJ Court decided in favor of Denmark because this country had conducted various policies there and, thus, established its sovereignty over a period of time.
1951 Anglo-Norwegian Fisheries Case
A Contentious Case between Great Britain (UK) and Norway
Author’s Note: This case began in 1949 and arose over Norway’s demarcation of its national boundary outside the chain of islands following its coastline. Great Britain objected because this demarcation extended Norway’s fisheries further than a boundary marked, strictly speaking, on the coast. The court ruled that Norway’s boundary following the fringe of islands was not contrary to international law.
1961 The Trial of Adolf Eichmann
A Case before the District Court of Israel
Author’s Note: Eichmann was abducted from Argentina and carried to Israel for trial. The manner of securing his person did not elicit much concern at the time because of his heinous crimes. More recently, some legal scholars argue there is a customary due process law at the international level that forbids illegally entering a country and seizing a person without extradition proceedings.
1964 Banco Nacional de Cuba v. Sabbatino
A Case before the U.S. Supreme Court
Author’s Note: The act of state doctrine accepts the acts of a foreign government on its own soil as legitimate. When the U.S. Supreme Court accepted the sale of sugar, however, from an American company seized by the communist government of Cuba, the U.S. Congress was so upset that it passed a law prohibiting applying the act of state doctrine when an American company has been illegally seized.