国际法复习材料
1.国际法的基本原则(主要内容,即和平共处五项原则)
The Contents of the Fundamental Principles of International Law : Mutual Respect for Territorial Integrity and Sovereignty Mutual Non-Aggression
Non-Interference in Each Other's Internal Affairs Equality and Mutual Benefit Peaceful Co-Existence
2.国家主权平等原则 Equality and Mutual Benefit
All States enjoy sovereign equality．They have equal rights and duties and are equal members of the international community，notwithstanding differences of an economic，social，political or other nature．
In particular，sovereign equality includes the following elements: a) States are juridically equal；
(b) Each State enjoys the rights inherent in full sovereignty；
(c) Each State has the duty to respect the personality of other States：
(d) The territorial integrity and political independence of the State are inviolable； (e) Each State has the right freely to choose and develop its political，social，economic and cultural systems；
(f) Each State has the duty to comply fully and in good faith with its international obligations and to live in peace with other States． Mutual Benefit
3.永久中立国 Permanently Neutral State 4.国际法渊源 The Statute of the ICJ
a.International conventions, whether general or particular, establishing rules expressly recognized by the contesting states b.International Custom c.The general principle of law
d.Judicial decision and the teachings of publicists of the various nations.
5.国际法编纂机构 ILC
6.条约分
类 Divisions of Treaties P14 in terns of function treaties can be possibily divided into law-making treaties and treaty-contracts... Law-making treaties Treaty-contracts Bilateral Treaties Multilateral Treaties 7.明示承认和默示承认
明示；A.照会国以照会或函电证实对被承认国表示承认 B.多个国家包括新国家在内签订议定书或条约表示承认
C.多个国家包括不新国家在内签订议定书或条约，其中载有承认新国家的条款 默示：A.既存国家与新国家正式缔结条约 b..既存国家与新国家正式建立外交关系 c.既存国家与新国家正式建立领事关系 8.国家继承原则 财产： 不动产 动产 债务： 9.国籍的取得：
10.国家安全P28 11.国家的管辖权
12.刑事管辖权原则 Criminal Jurisdiction The Territorial Principle The Protective Principle The Nationality Principle
The Passive Personality Principle The Universality Principle 13.中国国籍法规定
国籍，一个人属于某个国家的公民或国民的法律资格，是特定个人和特定国家之间稳定的法律联系。 取得 丧失：自愿 非自愿
积极冲突：多个国籍可选择（双、多国籍） 消极冲突：无国籍
14.引渡和庇护原则 引渡：Principles
a. Extradition shall not be granted if the offense related to the political nature. b. If the person whose extradition is requested is a national of the requested State. c. Double-Check d. Principle of Identity e. Principle of Specialty 庇护：政治犯不庇护
In the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purpose and principles of the United Nations. The principle of non-refoulement 不退回原则 15.外交关系公约 AT Article 22
1. The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.
2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.
Article 29
The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity Article 32
1. The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under article 37 may be waived by the sending State. 2. Waiver must always be express.
3. The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgement, for which a separate waiver shall be necessary. Article 37
1. The members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in articles 29 to 36.
2. Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, shall, if they are not nationals of or permanently resident in the receiving State, enjoy the privileges and immunities specified in articles 29 to 35, except that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 of article 31 shall not extend to acts performed outside the course of their duties. They shall also enjoy the privileges specified in article 36, paragraph 1, in respect of articles imported at the time of first installation.
3. Members of the service staff of the mission who are not nationals of or permanently resident in the receiving State shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption contained in article 33.
4. Private servants of members of the mission shall, if they are not nationals of or permanently resident in the receiving State, be exempt from dues and taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission. AT39 P 82