SIMPLIFIED SUMMARY ON
INTERNATIONAL LAW
Statute of the International Court of Justice
shall apply:
a) International conventions
b) International custom
c) General Principles of law
d) Judicial Decisions and the teachings of the most highly
qualified publicists
Customary law
when actions constitute evidence of a general practice
accepted as law
Qualities of customary law
*behavior of states
*practice of states
1) material facts
2) psychological factor
Opinio juris
the belief that state activity is legally obligatory
Treaties
sets down a series of propositions, which are then
regarded as binding upon the parties
superior to custom
Pacta sunt servanda
customary international law principle that agreements are
binding
Res Judicata
, a decision by an international court is final, binding and
without appeal
The principle of Estoppel
A party has acquiesced in a particular situation cannot
then proceed to challenge it
The principle of good faith
international obligations should be performed on the basis
of trust and confidence
Jus Cogens
principles or norms from which no derogation is permitted
Anglo-Norwegian Fisheries Case
UK vs Norwegian method of measuring the territorial sea.
Claimed customary law to divide by straight line
North Sea Continental Shelf cases
Germany vs Denmark and Holland about the delimitation
of the continental shelf
Nicaragua vs United States Case
Breaches of customary law are not recognition of a new
rule
Lotus Case
France vs Turkey. States have to be aware that they are
abstaining from an action in order for it to become
customary law
Scotia Case
UK vs US 1871. British ship sunk American ship
in abstracto
in the abstract, hypothetically
normative treaties
agreements that prescribe rules of conduct to be followed
ex injuria jus non oritut
facts flowing from wrongful conduct cannot determine law
INTERNATIONAL LAW
Statute of the International Court of Justice
shall apply:
a) International conventions
b) International custom
c) General Principles of law
d) Judicial Decisions and the teachings of the most highly
qualified publicists
Customary law
when actions constitute evidence of a general practice
accepted as law
Qualities of customary law
*behavior of states
*practice of states
1) material facts
2) psychological factor
Opinio juris
the belief that state activity is legally obligatory
Treaties
sets down a series of propositions, which are then
regarded as binding upon the parties
superior to custom
Pacta sunt servanda
customary international law principle that agreements are
binding
Res Judicata
, a decision by an international court is final, binding and
without appeal
The principle of Estoppel
A party has acquiesced in a particular situation cannot
then proceed to challenge it
The principle of good faith
international obligations should be performed on the basis
of trust and confidence
Jus Cogens
principles or norms from which no derogation is permitted
Anglo-Norwegian Fisheries Case
UK vs Norwegian method of measuring the territorial sea.
Claimed customary law to divide by straight line
North Sea Continental Shelf cases
Germany vs Denmark and Holland about the delimitation
of the continental shelf
Nicaragua vs United States Case
Breaches of customary law are not recognition of a new
rule
Lotus Case
France vs Turkey. States have to be aware that they are
abstaining from an action in order for it to become
customary law
Scotia Case
UK vs US 1871. British ship sunk American ship
in abstracto
in the abstract, hypothetically
normative treaties
agreements that prescribe rules of conduct to be followed
ex injuria jus non oritut
facts flowing from wrongful conduct cannot determine law
