The difference is that ICSID provides legal protection for various political risks that overseas investors may encounter in the host country by accepting and resolving international investment disputes; MIGA provides economic protection for overseas investors by directly underwriting various political risks, and further strengthens legal protection.
What are the provisions of the Tokyo Convention and The Hague Convention on jurisdiction?
The Convention on Offences and Certain Other Acts Committed on Board Aircraft is referred to as the Tokyo Convention for short.
Chapter II Jurisdiction
essay
1. The country where the aircraft is registered has the right to exercise jurisdiction over crimes and acts committed on board the aircraft.
2. A Contracting State shall take the necessary measures to establish its jurisdiction as a country of registration over crimes and acts committed on board aircraft registered in that country.
3. This Convention does not exclude the exercise of criminal jurisdiction in accordance with domestic law.
Article 4
A contracting state that is not a registered state shall not interfere with the exercise of criminal jurisdiction by an aircraft in flight over crimes committed in the aircraft, except in the following circumstances.
1. the consequences of the crime on the territory of the country;
Two, the prisoner or the victim is a national of the country or has a permanent residence in the country;
3. Criminal acts endanger national security;
4. The criminal act violates the current national regulations or rules on flying or driving aircraft;
5. The country must exercise its jurisdiction to ensure its compliance with its obligations under multilateral international agreements.
The Hague Convention is the general name of a series of conventions, declarations and other documents adopted by the two Hague Peace Conferences 1899 and 1907. Also known as The Hague Regulations.
States parties to this Convention
Considering that illegal hijacking or control of aircraft in flight endangers personal and property safety, seriously affects flight operation and damages people's trust in civil aviation safety all over the world;
It is considered that the occurrence of these acts is of serious concern;
Considering that in order to prevent this kind of behavior, it is urgent to stipulate appropriate measures to punish criminals;
The agreement is as follows:
first
Anyone on an airplane in flight:
(a) Unlawful hijacking or control of an aircraft by violence or threat of violence, or by any other means of intimidation, or attempts to engage in any such act, or
(b) Being an accomplice of a person who commits or attempts to commit any such act is a crime (hereinafter referred to as "the crime").
second
The State party undertakes to impose severe penalties for the above-mentioned crimes.
essay
1. For the purposes of this Convention, an aircraft shall be deemed to be in flight from the time when it is fully loaded and all doors outside the hangar are closed until any hangar door is opened for unloading. When an aircraft is forced to land, it shall be regarded as still flying until the competent authority takes over the responsibility for the aircraft, its personnel and property.
2. This Convention does not apply to aircraft used for military, customs or police purposes.
3. This Convention is only applicable to the case where the take-off place or actual landing place of the aircraft where the crime occurred is outside the territory of the country where the aircraft is registered, regardless of whether the aircraft is engaged in international flight or domestic flight.
4. In the cases referred to in Article 5, this Convention shall not apply if the take-off place or actual landing place of the aircraft that committed the crime is within the territory of the same country, which is one of the countries referred to in this Article.
5. Notwithstanding paragraphs 3 and 4 of this article, if a criminal or alleged criminal is found in the territory of a country other than the country where the aircraft is registered, articles 6, 7, 8 and 10 shall apply regardless of the take-off place or actual landing place of the aircraft.
Article 4
1. Each Contracting State shall take necessary measures to exercise jurisdiction over crimes and any other acts of violence related to crimes committed by alleged criminals against passengers or crew members under the following circumstances:
(a) The crime was committed on board an aircraft registered in that country;
(b) When landing in that country, the alleged offender was still on the plane that committed the crime;
(c) The crime was committed on an aircraft without crew at the time of the lease, and the lessee's principal place of business or, if the lessee has no such place of business, his permanent residence is in that country.
2. When the alleged offender is in the territory of a State Party and the State Party fails to extradite him to any country referred to in paragraph 1 of this article in accordance with the provisions of Article 8, the State Party shall likewise take necessary measures to exercise jurisdiction over this crime.
3. This Convention does not exclude the exercise of any criminal jurisdiction in accordance with national laws.
Article 5
If the Contracting States have established a joint air transport organization or an international business organization, and the aircraft they use need to be jointly registered or internationally registered, they shall designate one of the countries for each aircraft through appropriate methods, which shall exercise jurisdiction and have the nature of the country of registration referred to in this Convention, and shall notify the International Civil Aviation Organization of this designation, which shall convey the above notice to all the Contracting States of this Convention.
Article 6
1 ... Any Contracting State in which the offender or alleged offender is located shall, if it determines that the circumstances so require, detain him or take other measures to ensure that he remains in its territory. Such detention and other measures should comply with the laws of the country, but only for the time required for criminal or extradition proceedings.
Second, the country should immediately conduct a preliminary investigation of the facts.
3. Any person detained in accordance with the first paragraph of this article shall be provided with assistance to enable him to contact the nearest qualified representative in his country immediately.
4. When a country detains a person according to the provisions of this article, it shall immediately notify the country of registration of the aircraft, the country referred to in paragraph 1 (c) of Article 4 and the country of nationality of the detained person, and if it deems it appropriate, it shall also notify other relevant countries. A country that conducts a preliminary investigation in accordance with paragraph 2 of this article shall inform the above-mentioned countries of the results of the investigation as soon as possible and indicate whether it intends to exercise jurisdiction.
Article 7
If the State Party in whose territory the alleged offender is found does not extradite the person, it shall submit the case to its competent authorities for prosecution, regardless of whether the crime occurred in its territory or not. The authorities should make a decision in accordance with their own laws in the same way as ordinary crimes of any serious nature.
Article 8
1. The above-mentioned crimes shall be regarded as extraditable crimes in existing extradition treaties between States parties. States parties undertake to include this crime as an extraditable offence in every extradition treaty to be concluded between them.
2. If a Contracting State stipulates that extradition can only be granted if there is an extradition treaty, when it receives an extradition request from another Contracting State with which it has no extradition treaty, it can decide on its own to take this Convention as the legal basis for extradition of the crime. Extradition shall meet other conditions stipulated by the laws of the requested country.
3. If the Contracting States do not stipulate that extradition can only be granted if there is an extradition treaty, they shall recognize the above-mentioned crimes as extraditable crimes between them under the conditions stipulated by the law of the requested State.
4. As far as extradition between States parties is concerned, the crime should be regarded not only as the place where the crime occurred, but also as the territory of the country claiming to exercise jurisdiction in accordance with article 4, paragraph 1.
Article 9
1. When any act referred to in Article 1 (a) has occurred or is about to occur, the Contracting State shall take all appropriate measures to restore or maintain the control of the aircraft by the lawful pilots.
2. Under the circumstances mentioned in the preceding paragraph, any Contracting State where the aircraft or its passengers or crew are located shall provide convenience for the passengers and crew to continue their travel as soon as possible, and shall return the aircraft and its cargo to the legitimate owner in time.
Article 10
1 ... States Parties shall afford one another the greatest assistance in criminal proceedings concerning the crimes and other acts mentioned in Article 4. In any case, the law of the requested country shall apply.
2. The provisions of the first paragraph of this article shall not affect the obligations undertaken by any other bilateral or multilateral treaty that has provided or will provide for mutual assistance in criminal matters in whole or in part.
Article 11
Each Contracting State shall, in accordance with its domestic law, report to the Council of the International Civil Aviation Organization as soon as possible any of the following relevant information in its possession:
(a) the circumstances of the crime:
Action taken under Article 9;
(c) Measures taken against criminals or alleged criminals, especially the results of any extradition or other legal proceedings.
Article 12
1. If a dispute between two or more contracting States concerning the interpretation or application of this Convention cannot be settled through negotiation, it shall be submitted to arbitration at the request of one of them. If the parties fail to reach an agreement on the composition of arbitration within six months from the date of requesting arbitration, any party may request to submit the dispute to the International Court of Justice in accordance with the Statute of the International Court of Justice.
2. When signing, ratifying or acceding to this Convention, each country may declare that it is not bound by the provisions of the preceding paragraph. For any contracting party that has made such a reservation, the other contracting parties are not bound by the provisions of the preceding paragraph.
3. Any Contracting State that has made a reservation in accordance with the provisions of the preceding paragraph may withdraw the reservation at any time by notifying the depositary.
Article 13
1. This Convention was opened in The Hague from February 1970 to February 16, and was held in The Hague from February 1970 to 10 to 16 (hereinafter referred to as the Hague Conference). After1970 65438+February 3 1, this convention will be open for signature by all countries in Moscow, London and Washington. Any country that has not signed this Convention before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.
2. This Convention shall be ratified by signatory countries. Instruments of ratification and accession shall be deposited with the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America, which are designated as depositaries.
3. This Convention shall enter into force 30 days after the instruments of ratification are deposited by the ten countries participating in The Hague Conference that signed this Convention.
4. For other countries, this Convention shall enter into force on the date when the provisions of paragraph 3 of this article come into force, or 30 days after they deposit their instruments of ratification or accession, whichever is later.
5. The depositary * * * shall promptly notify all signatory and acceding countries of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention and other notification matters.
6. Once this Convention enters into force, it shall be registered by the depositary in accordance with Article 102 of the United Nations and Article 83 of the Convention on International Civil Aviation (Chicago, 1944).
Article 14
1. Any Contracting State may denounce this Convention by notifying the Depositary in writing.
2. Denunciation shall take effect six months after the depositary receives the notification.
In witness whereof, the undersigned plenipotentiaries, duly authorized by their respective * * *, have signed this Convention.
1970+ 16 done at the Hague on February 6th, in triplicate, each in English, French, Russian and Spanish.
What are the conditions for transferring jurisdiction in administrative litigation?
An application for a copy of jurisdiction transfer shall meet the following conditions:
(1) The people's court has accepted it. If the case that has not been accepted does not belong to the jurisdiction of our court after examination, there is no problem of transferring jurisdiction, and the parties concerned shall be informed to bring a lawsuit to the people's court with jurisdiction.
(2) The people's court that accepts the case has no jurisdiction over this case. Only people's courts with jurisdiction according to law have the right to exercise judicial power, so people's courts without jurisdiction have no right to hear cases.
(3) The people's court that accepts the transferred case has jurisdiction according to law. This is the requirement for the court to transfer the case, that is, it can not be transferred at will, but only to the people's court with jurisdiction.
What are the conditions for the agreement to govern domestic civil cases?
Agreement jurisdiction 1 can only be used for contract disputes.
2. By way of written contract
3. Before or after the dispute.
The agreed jurisdiction court can only be the people's court where the defendant has his domicile, the contract is performed, the contract is signed, the plaintiff has his domicile and the subject matter is located.
5 the choice of court must determine the only one.
6 shall not violate the provisions of hierarchical jurisdiction and exclusive jurisdiction.
If the agreement is invalid, it shall be under the jurisdiction of the defendant's domicile or the court of the defendant's domicile.
What conditions must the compulsory jurisdiction of the International Court of Justice meet?
The International Court of Justice operates in accordance with the Statute of the International Court of Justice and its own rules of court, resolves legal disputes submitted to it by countries in accordance with international law, and provides advisory opinions on legal issues submitted by officially recognized United Nations organs and specialized agencies. In a case submitted to the International Court of Justice, both the plaintiff and the defendant must be countries. The International Court of Justice is a civil court with specific jurisdiction and no criminal jurisdiction, so it cannot try individuals. The jurisdiction of the Tribunal includes all disputes submitted to it in accordance with the Convention and its implementing agreement, as well as all matters stipulated in any other agreement conferring jurisdiction on the Tribunal.
More than half of the cases accepted by the court are territorial and border disputes. Like other courts, the International Court of Justice adheres to the principle of non-prosecution and has no right to take the initiative to accept cases.
6. Briefly describe the necessary conditions of agreement jurisdiction in China's foreign-related civil litigation.
Well, such a professional question requires a very professional lawyer to answer your question.
What are the conditions for managing this agreement?
Conditions within the jurisdiction of the agreement:
(1) Agreement jurisdiction is only applicable to contract disputes, and the parties have no agreement jurisdiction over other civil disputes outside the contract;
(2) The jurisdiction by agreement is only applicable to the first-instance cases of contract disputes, and the court of jurisdiction shall not be chosen by agreement for the second-instance and retrial cases;
(3) The court agreed in the jurisdiction of the agreement must be within the statutory scope, that is, it must be selected from the places where the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile or the place where the subject matter is located, and it cannot exceed this scope;
(4) Jurisdiction by agreement is a necessary act and must be in written form;
(5) The jurisdiction by agreement shall not violate the provisions of the Civil Procedure Law on hierarchical jurisdiction and exclusive jurisdiction.
Briefly describe the conditions that the compulsory jurisdiction of the International Court of Justice must meet.
Tianwai Binhai Law Department?
First, the state is voluntary, that is, the case should belong to one of the following types: 1. All cases are submitted voluntarily by the parties through agreement. 2. Events or disputes stipulated in the United Nations and existing treaties. 3. A dispute in which the parties have previously declared their acceptance of the jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2, of the Statute of the International Court of Justice, that is, the case of "optional compulsory jurisdiction".
Second, the conditions of reciprocity. The condition of reciprocity is related to the scope of the obligation to accept compulsory jurisdiction and the substantive conditions for its entry into force, but has nothing to do with the formal conditions, duration and elimination of the obligation to accept compulsory jurisdiction.
3. The countries concerned have declared their acceptance of the jurisdiction of the International Court of Justice.