IS304

Department of International Studies                                                                           LCS
Institute of Foreign Languages, RUPP


IS304 Introduction to Public International Law
Collection of Questions and Simulations
Chapter I: Relevance and Application of International Law


I. Supplying Key Terms:
Supply the correct key term for each of the following explanations. (Click on the picture below)


  1. ______________ is the activity by which groups reach binding collective decisions through attempting to reconcile differences among their members. 
  2. ______________ consists of institutions responsible for making collective decisions for society. More narrowly, it refers to the top political level within such institutions. 
  3. ______________ denotes the activity of making collective decisions, a task in which government institutions may not play a leading, or even a role. 
  4. ______________ is a political community formed by territorial population which is subject to one government. 
  5. ______________ refers to a state’s territory and population, rather than its government. In international law, a state’s territory extends to its airspace, continental shelf, and territorial waters. 
  6. ______________ refers to the ultimate source of authority in the society. 
  7. ______________is the highest and final decision maker within a community. Sovereignty is a legal title which is possessed in its entirety or not at all. 
  8. ______________ is defined as human group conscious of forming a community, sharing a common culture, attached to a clearly demarcated territory, having a common past and a common project for the future and claiming the right to rule itself. 
  9. ______________ is the doctrine that nations are entitled to self-determination. 
  10. ______________ is a state with its own nation (Iceland). 
  11. ______________ is a state with more than one nation (UK: Scotland and Wales). 
  12. ______________ is a person accorded to the legal rights and duties flowing from membership of a state. 
  13. ______________ is the ability to politically in particular control people, groups, and events in the country. 
  14. ______________ is the right to rule. Strictly, it is the right to act, rather than the power to do so. 
  15. ______________ system of government is one based on authority: those subjects to its rule recognize its right to make decision. 
  16. ______________ organizations which have some autonomy from government or political parties and which try to influence public policy. 
  17. ______________ is another name of national or domestic law which refers to a set of legal rules established in a single country and applied only to the society within that country.
  18. ______________ is a set of judicial decision used as precedence mostly in the common law countries.
  19. ______________ is the supreme law or a set of fundamental principles or established precedents according to which a state or other organization is governed. 
  20. ______________ is the legal power over someone and something or the authority of a legal, official institution to make and deal with especially legal decision.
II. Discussion questions:
Discuss the following questions with your group members.
  1. What is traditional definition of “international law”?
  2.  What is modern definition of “international law”? 
  3. How is international law applied on the international plane? 
  4. How is international law applied on the national plane? 
  5. Why it is said that the rights and obligations a state has under international law are, on the international plane, superior to any rights or duties it may have under its national law? 
  6. Is international law the law? If yes or no, why? 
  7. What is the difference between the enforcement of international law and enforcement of national law? 
  8. Why does the modern international law include more subjects?

Chapter II: Sources of International Law


I. Supplying Key Terms:
Supply the correct key term for each of the following explanations (Click on the picture below)

 

  1. ______________ in English means “to stand by that which is decided” and is the principle that the precedent decisions are to be followed by the court. 
  2. ______________ or peremptory norm is the fundamental principle of international law which is accepted by the international community of states as the norm from which no derogation is ever permitted. 
  3. ______________ is a belief that an action is carried out because it is a legal obligation or denotes a subjective obligation and a sense on behalf of a state that it is bound to the law in question. 
  4. ______________ or claim preclusion is the Latin term meaning "a matter [already] judged" and may refer to a case in which there has been a final judgment and is no longer subject to appeal or preclude continued litigation of such cases between the same parties. 
  5. ______________ or law of nations was used  long time ago to denote the law of which natural reason establishes for all men. 
  6. ______________ or civil law was used in ancient Rome to refer to the law found exclusively in the city of Rome or in the polis of Rome as distinguished from the law of nations.
II. Discussion Questions:
Discuss the following questions with your group members.
  1. According to the article 38 of the ICJ Statute, how many stated sources of international law are there? Explain each of them briefly but meaningfully. 
  2. On page 21, §2-3 “customary international law”, it states that “customary international law results from a general and consistent practice of states followed by them from a sense of legal obligation.” Through this functionally sounder definition, what are two important elements of the customary international law? 
  3. What are two ways to show states’ conduct and practice of customary international law? 
  4. How does state do in order to avoid being bound by the customary international law? 
  5. Why are treaties, rather than customary international law, increased from time to time?
  6. Is a resolution/declaration of U.N. General Assembly binding? If yes or no, why? 
  7. How many roles of states are there in the law-making process on the international plane?
 
Chapter III: State and International Organization
  1. In the traditional international legal theory or according to the Montevideo Convention on the Rights and Duties of States (1933), what are fundamental elements of statehood?
  2. How many kinds of recognition of one state to another state are there?
  3. What is “declarative theory” or declarative doctrine?
  4. What is “constitutive theory” or constitutive doctrine?
  5. After the dissolution of the USSR particularly in 1991, there were many newly established states which used to be under the USSR occupation/control. In accordance with the European Community’s Declaration on the “Guideline on the Recognition of New States in Eastern Europe and in the Soviet Union”, what are conditions those new states were required to fulfill in order to be recognized as the sovereign states in the post-Cold War era?
  6. What is difference between “recognition of state” and “recognition of government”?
  7. What is “Estrada Doctrine” (1930) regarding the recognition of government?
  8. What is “Tobar Doctrine” (1907) regarding the recognition of government?
  9. What are main characteristics of international organizations?
Extra discussion questions:
  1.  How many types of states are there?
  2. What is the “legal personality” of state?
  3. In addition to the recognition of state and of government as discussed above, what is the “recognition of belligerency”? What are essential elements for achieving this status?
  4. What is “state responsibility”? How many fundamental elements triggering state responsibility are there?
  5. Case study: Catalonia having its own distinct culture, language, and history is situated in the northeast of Spain.  On 30 September 2012, a massive pro-independence rally saw between 600,000 and 1.5 million people - about 8 to 20 per cent of the region's population - took to the streets of the capital, Barcelona, for the sake of demanding its full independence from Spain. Given what we have learned in the class and other sources, could Catalonia become the world’s newest sovereign state?
Recommended book for extra discussion questions and link for the case study:
Slomanson, R. W. (2007). Fundamental perspectives on international law (5th ed.). Canada: Transcontinental Printing/Louiseville.

Catalonia calling a referendum on full independence: 

http://www.aljazeera.com/indepth/features/2012/09/201292913514639254.html
http://webs.racocatala.cat/cat1714/d/salamartin2.pdf

http://www20.gencat.cat/docs/Departament_de_la_Vicepresidencia/0-WEB_AEC_CHCC/Afers_Exteriors_Cooperacio/Documents/PAEC/Pla_Accio_Exterior_EN.pdf
Note: The recommended book can be found at SAC. Moreover, Q14 (case study about the independence of Catalonia) can be used as the question for individual written Homework during Pchum Ben festival the following week; however, it is suggested that you start doing it in advance. The maximum number of page is 10 (ten pages), and the submission date is 20th October 2012.


Chapter IV: International Dispute Settlement
 
I. Discussion Questions:
  1. What is “non-judicial method” to settle the international disputes? Generally, there are five types of the non-judicial methods: negotiation, inquiry, mediation or good offices, conciliation and combined method.
    1.  What is negotiation? 
    2. What is inquiry? 
    3. What is mediation (good offices)? 
    4. What is conciliation? 
    5. What is the combined method (negotiation, mediation, and conciliation)? 
  2. What is “quasi-judicial method” to settle the international disputes? Regarding the quasi-judicial method, “arbitration” is used to deal with international disputes. 
    1. What is arbitration? 
    2. How many types of international arbitral agreements are there? 
    3. How can arbitration be used with states to the disputes? 
  3. What is “judicial method” to settle the international disputes? 
    1. What is adjudication? 
    2. What is difference between adjudication and arbitration? 
  4. International Court of Justice (ICJ) is one of UN organs and specifically functions as the international court having two main jurisdictions: contentious jurisdiction and advisory jurisdiction. 
    1. What is contentious jurisdiction? 
    2. What is advisory jurisdiction? 
  5. Is there any other kind of international/regional institutions [in addition to the ICJ] solving the international disputes through the judicial methods?
 II. Simulation: Negotiation
SCENARIO:
The Parkers and the Gibsons own homes on adjacent plots of land. The homes are separated by a 1/2 lot the Parkers purchased years ago in hopes of building a tennis court, which they never got around to. The Parkers are now moving out of state and are interested in selling the half lot, as the buyer of their home is not interested in it. The Parkers have approached the Gibsons (who have interest in the lot for home improvements they have planned) about purchasing the lot. Neither party knows much about the other’s interests. The Parkers and Gibsons are meeting to explore whether a mutually beneficial transaction is possible.

NOTE: This exercise is a modified and improved version of a former exercise entitled Appleton v. Baker (Appleton v. Baker is still available, upon request). This exercise is also analytically similar to the exercises The Book Contract (with a different setting) and Bradford Development (without the linkage payment).

MECHANICS:
The exercise is best run as a one-on-one exercise. Preparation should require 5-10 minutes. Negotiations can take from 10-30 minutes, and review from 30 minutes to 1 1/4 hours.

TEACHING MATERIALS:
  • Role specific:
    Confidential Instructions for: 
    • Parker
    • Gibson
  • Teacher’s package:
    • All of the above
    • Teaching Note (English version only)

PROCESS THEMES:
Anchoring; BATNA; Fairness; Information exchange; Interests, dovetailing; Joint gains; Objective criteria; Offers, first; Pareto optimization; Quantitative analysis; Risk aversion; Trust

MAJOR LESSONS:
When several pairs negotiate this game at the same time, the resulting sale prices vary dramatically. Participants can then discuss how and why different negotiation strategies led to different outcomes.
Concepts of “fair prices” often surface in post-negotiation discussions. If participants do not take a “principled” approach to the negotiation, one side or the other often feels “taken,” especially when other players with the same role appear to do better.
The advantages and disadvantages of making the first offer can be explored, as well as techniques for doing so.
The advantages and disadvantages of truthfully revealing your BATNA can also be illustrated, especially when several pairs negotiate the exercise.


III. Simulation: South China Sea Dispute Settlement
As known, territorial disputes have thus far remained so critical and sensitive, deteriorating the deep cooperation and integration among states to the said disputes. Likewise, the South China Sea dispute is one among the hot maritime territorial disputes in the world, affecting regional cooperation among China/Taiwan, Vietnam, Brunei, Malaysia, and the Philippines as well as being internationalized. Therefore, due to the wording disagreement over the SCS dispute, it was the first time in history that ASEAN could not issue its joint communiqué after its 45th AMM meeting held in Phnom Penh. If you were a well-known policy maker of county X or country Y, what would your suggestions be in order to peacefully put an end to the South China Sea dispute during “Global Conference on Maritime Security” held in country Z?
Note: You can diversify your options by using all methods (non-judicial, quasi-judicial, and judicial methods) you have just learned in this Chapter. It is highly advisable that you justify your options, saying, for example, why the non-judicial methods should be used in this case.
Chapter V: International Law of Treaties 

I. Supplying Key Terms:
Supply the correct key term for each of the following explanations. 


  1. ________________ means a document emanating from the competent authority of a State designating a person or persons to represent the State for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the State to be bound by a treaty, or for accomplishing any other act with respect to a treaty. 
  2. ________________ means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State. 
  3. ________________ means a State which took part in the drawing up and adoption of the text of the treaty. 
  4. ________________ means a State which has consented to be bound by the treaty, whether or not the treaty has entered into force. 
  5. ________________ means a State which has consented to be bound by the treaty and for which the treaty is in force. 
  6. ________________ means a State not a party to the treaty. 
  7. ________________ means the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty. 
  8. ________________ means an international act corresponding to that of ratification by a State, whereby an international organization establishes on the international plane its consent to be bound by a treaty. 
  9. ________________, whether bilateral or multilateral, is defined as somewhat circuitously as agreements governed by international law. 
  10. ________________ is the principle that every treaty in force is binding upon the parties to it and must be performed by them in good faith. 
  11. ________________ means act of a State to be a party to a particular treaty despite the fact that that State did not take part in its negotiations. 
  12. ________________ is a norm that was aptly articulated by the former Dutch ambassador to the United Nations in 1967 before the creation of the VCLT. Simply, this norm is that State must not act in a way which would frustrate the purpose of a treaty, which has signed or ratified.

II. Discussion questions:
Discuss the following questions with your group members.

  1. What is a treaty? And what are subjects of the international law of treaties according to the 1969 Vienna Convention on Law of Treaties (the 1969 VCLT) and to the 1986 Vienna Convention on Law of Treaties (the 1969 VCLT)? 
  2. What is the importance of the treaties? 
  3. How are the bilateral and multilateral treaties made? Briefly explain the process of concluding those treaties based on the steps listed below. 
    1. Negotiation 
    2. Enter into force 
    3. Consent to be bound by the treaty 
  4. What is reservation according to Article 2 of the Vienna Convention on Law of Treaties? 
  5. In general, States are free to adhere to a treaty with reservation. But, what are three exceptional conditions in which states are not allowed to make the reservation? 
  6. What are two controversial situations of non-reserving states and reserving states? 
  7. How are treaties interpreted according to Article 31 of Vienna Convention on Law of Treaties? 
  8. How are treaties terminated and suspended?  
  9. You can download the VCLT below: the 1969 VCLT and the 1986 VCLT 

      
    Chapter VI: Rights of Individuals
    Discussion Questions:
    1. What is “right” to you? 
    2. Why do we need to understand human rights? 
    3. What are characteristics of human rights? 
    4. What are the existing human rights related laws prior to the establishment of the United Nations in 1945? 
    5. After the creation of the United Nations, what are the prominent human rights related instruments universally recognized as human rights bill? 
    6. How many treaty-based bodies monitoring human rights issues are there? 
    7. How many regional organizations dealing with human rights are there? 
      1. European Human rights system under Council of Europe (CoE) 
      2. Inter-American Human rights system under Organization of American States  (OAS) 
      3. African Human rights system under African Union (AU) 
    8. What is “state responsibility” for injuries to aliens? 
      1. Procedural law of state responsibility 
      2. Substantive law of state responsibility

    Class Debate (30 minutes):
    A motion is proposed that the regional human rights system should be strongly encouraged because it is much better than the global human rights system of the United Nations. Do you agree with that motion?
    Pro-regional HR system
    Against-regional HR system

    Class Discussion: Why Asia cannot have its own human rights system?
    FYI: Arab League has the Arab Charter on Human Rights (1994 and 2004) and Arab Human Rights Committee (Art.45)

    Written Assignment (10%) and Presentation (10%):
    Written assignment – Students in groups are expected to produce a report by the end of the semester. The topics shown below are the same as those on which the students present. The written assignment strictly covers the summary of the chapter and any relevant case study.

    Presentation – Students in groups are required to prepare and deliver a 30-minute (or beyond) presentation on the material and topics they have covered in their written assignments. Criteria for the presentation will be detailed at a reasonable time prior to the presentation week.

    Topics of the Written Assignment:
    Chapter 9: Immunities from Jurisdiction (week 14)

    Chapter 10: Law of the Sea (week 15)

    Chapter 12: Use of Force and Arms Control (week 17)

    Progress Test I










    Class Debate:
    A motion is proposed that the regional human rights system should be strongly encouraged because it is much better than the global human rights system of the United Nations. Do you agree with that motion?


    It was a very interesting class debate ever for three reasons. First, some of the arguments given by each group are very strong, and thus it means that you guys have a good understanding of human rights system. Hopefully, you will find Human Rights subject much easier and more interesting in your coming year 4. Second, I believe that the judges are very good at leading the class debate and of course giving some good comments on the arguments of two groups. Third, the group discussion was very active and cooperative in all rounds. In short, I really appreciate your class debate.

    The results of the debate:
    (1) Pro-regional HR group is the winner. So, the group members are awarded 5 points (FIVE points) for their upcoming Revision Test II. They are:
    (2) The judges did their very good jobs. Thus, they should also get 3 points (THREE points).
    (3) The picture I took after the class is uploaded in this group. You can keep it as your note.

    For Judges


    Class: A3.2


    Class: M3.2

    Here are the existing arguments of some scholars:

    Against-regional HR system:
    - First, human rights, being global in nature (UDHR) and belonging to everyone, should be defined in global instruments and implemented by global bodies.
    - Second, regional systems would just duplicate the work of the UN and at worst, develop contradictory policies and procedures.
    - Third, preoccupation with regional arrangements would shift public attention from global instruments and delay ratifications.
    - Forth, any cooperation between regional and global systems (UN) would add to financial burdens of the latter.

    Pro-regional HR system:
    - Political consensus is easily reached as many regions are relatively homogenous with respect to culture, language and tradition.
    - Easier to draft and adopt texts (instruments) with small number of states and with common linguistic, religious and cultural traditions.
    - More accessible in terms of geographical locations, linguistic factors…
    - Greater enforceability: when pressure or sanction is applied by neighboring states.

    Notes:
    (1) There are only three formal regional HR systems in the world because they have formal court dealing with HR issues.
    - European Human Rights System under the Council of Europe (CoE)
    - Inter-American Human Rights System under the Organization of American States (OAS)
    - African Human Rights System under the African Union (AU)

    (2) Other regional HR systems:
    1/ The Arab League:
    - The Arab Charter on Human Rights (1994 and 2004)
    - Arab Human Rights Committee (Art 45)

    2/ Asia Pacific:
    - It is only region without human rights mechanism
    - Clash between “Asian Values” and human rights
    - Asian Charter on Human Rights adopted in 1998 (not even effective)
    - ASEAN Charter in December 2008 (entry into force)
    - Article 14 of the Charter also committed members to the establishment of a regional human rights "body".
    - ASEAN Intergovernmental Commission on Human Rights (AICHR) in 2009
    - Adoption of ASEAN Declaration of Human Rights (ADHR) in 2012

    However, ASEAN does not have the protective authority and its own HR court tackling the human rights issues in ASEAN countries.

    What do you think has hampered the development of a regional system in Asia?
    - Asia differs very widely among and within its regions with regard to ethnic groups, cultures, environments, economics, historical ties and government systems
    - Historical, cultural and religious heterogeneity within the region…
    - Different levels of economic and social development
    - A prioritization of economic growth over individual human rights
    - The absence of a regional political system such as the CoE, the OAS or the AU
    - You can think of any other possible reasons.


    Chapter VIII: Jurisdiction
    I. Define the key terms below:

    1. Jurisdiction:

    2. Extraterritoriality:

    3. Jus soli:

    4. Jus sanguinis:

    5. Naturalization:

    6. Discretionary power:

    II. Discussion Questions:

    When considering the “limits which international law places” on the exercise of jurisdiction by a state, reference typically is made to “principles” of jurisdiction that international law has come to accept in one form or another. There are five principles known as: (1) the territorial principle; (2) the nationality principle; (3) the passive personality principle; (4) the protective principle; and (5) the universality principle. 

    (a) Discuss each principle with your group members:
    1. What is the territorial principle?
    2. What is the nationality principle?
    3. What is the passive personality principle?
    4. What is the protective principle?
    5. What is the universality principle?
    6. What is the combination of jurisdictional principles?

    (b) Discuss the following questions after you finish your above assigned questions:
    7. What is discretion to exercise permissible jurisdiction?
    8. What is responsibility of exercising jurisdiction?
    9. The tri-partite characterization of jurisdiction consists of jurisdiction to prescribe, jurisdiction to enforce, and jurisdiction to adjudicate.
    (1) What is jurisdiction to prescribe?
    (2) What is jurisdiction to enforce?
    (3) What is jurisdiction to adjudicate?



    Group Presentation:

    Presentation Assessment Criteria:

      Judgment Assessment Criteria: 


    Chapter 9: Immunities from Jurisdiction

    I. Definitions of Key Terms:

    1.  Sending state is a state that sends its diplomatic personnel or government officials having special missions abroad (or to a foreign country).

    2.  Receiving state is a state that receives diplomatic personnel or government officials of another state.
    3. Diplomatic immunity is a principle of international law by which certain foreign government officials having special missions or diplomatic personnel are not subject to the jurisdiction of foreign courts and other authorities.
    4.  Diplomatic privilege is a principle of international law by which the exemptions from taxation and ordinary processes of law are afforded to diplomatic personnel in a foreign country.
    5.  Head of the mission is the person charged by the sending State with the duty of acting in that capacity.
    6.   Members of the mission are the head of the mission and the members of the staff of the mission.
    7.  Members of staff of the mission are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the mission.
    8.  Members of the diplomatic staff are the members of the staff of the mission having diplomatic rank.
    9.  Diplomatic agent is the head of the mission or a member of the diplomatic staff of the mission.
    10.Members of the administrative and technical staff are the members of the staff of the mission employed in the administrative and technical service of the mission.
    11.Members of the service staff are the members of the staff of the mission in the domestic service of the mission.
    12.Private servant is a person who is in the domestic service of a member of the mission and who is not an employee of the sending State.
    13.Premises of the mission are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission.
    14.Consular post means any consulate-general, consulate, vice-consulate or consular agency.
    15.Consular district means the area assigned to a consular post for the exercise of consular functions.
    16.Head of consular post means the person charged with the duty of acting in that capacity.
    17.Consular officer means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions.
    18.Consular employee means any person employed in the administrative or technical service of a consular post.
    19.Members of consular post are consular officers, consular employees and members of the service staff.
    20.Members of the consular staff are consular officers, other than the head of a consular post, consular employees and members of the service staff.
    21.Consular premises are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post.
    22.Consular achieves includes all the papers, documents, correspondence, books, films, tapes and registers of the consular post, together with the ciphers and codes, the card-indexes and any article of furniture intended for their protection or safe keeping.

    II. Discussion Questions:
    1.  What is difference between diplomatic privilege and immunity (See Definition 3 & 4)? What are diplomatic immunities and privileges according to the 1961 VCDR?
    2. Does the 1961 VCDR also protect the diplomatic property? What does diplomatic property refer to? Why is diplomatic property inviolable? In which situation can the diplomatic property be violable?
    3.  Are all diplomats exempt from the jurisdiction of their sending States? Why?
    4.  What are consular immunities and privileges according to the 1963 VCCR?
    5.  What are “international civil servant immunities”?
    6.  What is “head of state immunity”?
    7.  What are "state immunities” or “sovereign immunities”?
    8. What is “foreign sovereign immunities act”? What are possible exceptions that foreign states are subjects to the jurisdiction of other states?
    9. What are liabilities of foreign states that are not entitled to immunity from jurisdiction in a foreign country?
    10.What is “act of state doctrine”? What are possible exceptions?

    Click here to download the 1961 Vienna Convention on Diplomatic Relations (VCDR)

    Click here to download the 1963 Vienna Convention on Consular Relations (VCCR)


     
    CONVENTION ON DIPLOMATIC ASYLUM
    The governments of the Member States of the Organization of American States, desirous of concluding a Convention on Diplomatic Asylum, have agreed to the following articles:
    Article I
    Asylum granted in legations, war vessels, and military camps or aircraft, to persons being sought for political reasons or for political offenses shall be respected by the territorial State In accordance with the provisions of this Convention.
    For the purposes of this Convention, a legation is any seat of a regular diplomatic mission, the residence of chiefs of mission, and the premises provided by them for the dwelling places of asylees when the number of the latter exceeds the normal capacity of the buildings.
    War vessels or military aircraft that may be temporarily in shipyards, arsenals, or shops for repair may not constitute a place of asylum.
    Article II
    Every State has the right to grant asylum; but it is not obligated to do so or to state its reasons for refusing it.
    Article III
    It is not lawful to grant asylum to persons who, at the time of requesting it, are under Indictment or on trial for common offenses or have been convicted by competent regular courts and have not served the respective sentence, nor to deserters from land, sea, and air forces, save when the acts giving rise to the request for asylum, whatever the case may be, are clearly of a political nature.
    Persons included in the foregoing paragraph who de facto enter a place that is suitable as an asylum shall be Invited to leave or, as the case may be, shall be surrendered to the local authorities, who may not try them for political offenses committed prior to the time of the surrender.
    Article IV
    It shall rest with the State granting asylum to determine the nature of the offense or the motives for the persecution.
    Article V
    Asylum may not be granted except In urgent cases and for the periodic of time strictly necessary for the asylee to depart from the country with the guarantees granted by the Government of the territorial State, to the end that his life, liberty, or personal Integrity may not be endangered, or that the asylee's safety is ensured in some other way.
    Article VI
    Urgent cases are understood to be those, among others, in which the Individual is being sought by persons or mobs over whom the authorities have lost control, or by the authorities themselves, and is in danger of being deprived of his life or liberty because of political persecution and cannot, without risk, ensure his safety in any other way.
    Article VII
    If a case of urgency is involved, it shall rest with the State granting asylum to determine the degree of urgency of the case.
    Article VIII
    The diplomatic representative, commander of a warship, military camp, or military airship, shall, as soon as possible after asylum has been granted, report the fact to the Minister of Foreign Affairs of the territorial State, or to the local administrative authority if the case arose outside the Capital.
    Article IX
    The official furnishing asylum shall take into account the information furnished to him by the territorial government in forming his judgment as to the nature of the offense or the existence of related common crimes; but this decision to continue the asylum or to demand a safe-conduct for the asylee shall be respected.
    Article X
    The fact that the Government of the territorial State Is not recognized by the State granting asylum shall not prejudice the application of the present Convention, and no act carried out by virtue of this Convention shall Imply recognition.
    Article XI
    The government of the territorial State may, at any time, demand _ at the asylee be withdrawn from the country, for which purpose the said State shall grant a safe-conduct and the guarantees stipulated in Article V.
    Article XII
    Once asylum has been granted, the State granting asylum may request that the asylee be allowed to depart for foreign territory, and the territorial State is under obligation to grant Immediately, except in case of force majeure, the necessary guarantees, referred to In Article V, as well as the corresponding safe-conduct.
    Article XIII
    In the cases referred to in the preceding articles the State granting asylum may require that the guarantees be given in writing, and may take into account, in determining the rapidity of the journey, the actual conditions of danger Involved in the departure of the asylee.
    The State granting asylum has the right to transfer the asylee out of the country. The territorial State may point out the preferable route for the departure of the asylee, but this does not imply determining the country of destination.
    If the asylum is granted on board a warship or military airship, departure may be made therein, but complying with the previous requisite of obtaining the appropriate safe-conduct.
    Article XIV
    The State granting asylum cannot be held responsible for the prolongation of asylum caused by the need for obtaining the information required to determine whether or not the said asylum is proper, or whether there are circumstances that might endanger the safety of the asylee during the journey to a foreign country.
    Article XV
    When, In order to transfer an asylee to another country it may be necessary to traverse the territory of a State that is a party to this Convention, transit shall be authorized by the latter, the only requisite being the presentation, through diplomatic channels, of & safe-conduct, duly countersigned and bearing a notation of his status as asylee by the diplomatic mission that granted asylum.
    En route, the asylee shall be considered under the protection of the State granting asylum.
    Article XVI
    Asylees may not be landed at any point In the territorial State or at any place near thereto, except for exigencies of transportation.
    Article XVII
    Once the departure of the asylee has been carried out, the State granting asylum is not bound to settle him in its territory; but it may not return him to his country of origin, unless this is the express wish of the asylee.
    If the territorial State informs the official granting asylum of its intention to request the subsequent extradition of the asylee, this shall not prejudice the application of any provision of the present Convention. In that event, the asylee shall remain in the territory of the State granting asylum until such time as the formal request for extradition Is received, in accordance with the Juridical principles governing that Institution In the State granting asylum. Preventive surveillance over the asylee may not exceed thirty days.
    Payment of the expenses Incurred by such transfer and of preventive control shall devolve upon the requesting State.
    Article XVIII
    The official furnishing asylum may not allow the asylee to perform acts contrary to the public peace or to interfere in the® internal politic of the territorial State.
    Article XIX
    If as a consequence of a rupture of diplomatic relations the diplomatic representative who granted asylum must leave the territorial State, he shall abandon it with the asylees.
    If this is not possible for reasons independent of the wish of the asylee or the diplomatic representative, he must surrender them to the diplomatic mission of a third State, which is a party to this Convention, under the guarantees established In the Convention.
    If this is also not possible, he shall surrender them to a State that is not a party to this Convention and that agrees to maintain the asylum. The territorial State is to respect the said asylum.
    Article XX
    Diplomatic asylum shall not be subject to reciprocity. Every person is under its protection, whatever his nationality.
    Article XXI
    The present Convention shall be open for signature by the Member States of the Organization of American States and shall be ratified by the signatory States in accordance with their respective constitutional procedures.
    Article XXII
    The original instrument, whose texts in the English, French, Spanish, and Portuguese languages are equally authentic, shall be deposited in the Pan American Union, which shall send certified copies to the governments for the purpose of ratification. The instruments of ratification shall be deposited in the Pan American Union, and the said organization shall notify the signatory governments of the said deposit.
    Article -XXIII
    The present Convention shall' enter into force among the States that ratify it in the order in which their respective ratifications are deposited.
    Article XXIV
    The present Convention shall remain In force Indefinitely, but may t>e denounced by any of the signatory States by giving advance notice of one year, at the end of which period it shall cease to have effect for the denouncing State, remaining in force, however, among the remaining signatory States. The denunciation shall be transmitted to the Pan American Union, which shall inform the other signatory States thereof.
    RESERVATIONS
    Guatemala
    We make an express reservation to Article II wherein It declares that the< States are not obligated to grant asylum; because we uphold a broad, firm concept of the right to asylum.
    Likewise, we make an express reservation to the final paragraph of Article XX (Twenty), because we maintain that any person, without any discrimination whatsoever, has the right to the protection of asylum.
    Uruguay
    The government of Uruguay makes a reservation to Article II, in the part that stipulates -that the authority granting asylum, is, in no case, obligated to grant asylum nor to state its reasons for refusing it. It likewise makes a reservation to that part of Article XV that stipulates: "the only requisite being the presentation, through diplomatic channels, of a safe-conduct, duly countersigned and bearing a notation of his status as asylee by the diplomatic mission that granted asylum. En route, the asylee shall be considered under the protection of the State granting asylum". Finally, it makes a reservation to the second paragraph of Article XX, since the government of Uruguay understands that all persons have the right to asylum, whatever their sex, nationality, belief, or religion.
    Dominican Republic
    The Dominican Republic subscribes to the above Convention with the following reservations:
    First: The Dominican Republic does not agree to the provisions contained in Article VII and those following with respect to the unilateral determination of the urgency by the State granting asylum; and
    Second: The provisions of this Convention shall not be applicable, consequently, Insofar as the Dominican Republic is concerned, to any controversies that may arise between the territorial State and the State granting asylum, that refer specifically to the absence of a serious situation or the non-existence of a true act of persecution against the asylee by the local authorities.
    Honduras
    The delegation of Honduras subscribes to the Convention on Diplomatic Asylum with reservations with respect to those articles that are in violation of the Constitution and laws in force in the Republic of Honduras.
    IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having presented their plenary powers, which have been found in good and due form, sign this Convention, in the name of their respective Governments, in the city of Caracas, this twenty-eighth day of March, one thousand nine hundred and fifty-four.

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