LAW OF INTERNATIONAL ORGANISATION

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 Trea...

Pacquete Habana and Lola (SCOTUS, 1900): Two Spanish fishing smacks during the Spanish-American War were captured and taken as prize of war. Spain sues for property back. (I) Are fishing vessels exempt from prize of war doctrine? (H) Yes. (CR) Their purpose is not war-related but rather for betterment of mankind and historical precedent or customary IL has shown that fishing smacks, via opinio juris, should be exempt. Applicable Principles: 1. Customary law is a source of IL 2. Fishing sma...

What are the five sources of international law, from most to least authoritative? Treaties Customary law General principles of law Judicial decisions Teaching of the most highly qualified publicists Who introduced the concept of equality of states? Vattel, a Swiss lawyer When did the concept of "just war" lose its authority? After the Peace of Westphalia in 1648 In what year was the Peace of Westphalia concluded? 1648 What document concerns the rules governing treaties between ...

Two years ago, Aadi had set up in business as a sole trader. He invested all of his savings of £10,000 in the business. Recently the business has struggled financially, and a major supplier is owed £18,000. Aadi realises that he will have to sell the business and calculates that if all of its assets were sold, they would realise £8,000. Aadi himself owns a car worth £5,000. He owns a flat which, if sold, will raise £50,000 once the mortgage is paid off. He has no other substantial assets. T...

private international law conflict of laws that govern within states (travel, crime) regulates private transactions, dealings, and disputes between legal subjects that involve foreign elements domestic legal system laws that operate within a state public international law governs relations primarily between states and other subjects of IL (in times of war, peace, treaties, etc.) traditionally, IL only applied to states. what was the exception to this (16th, 17th c.)? pirates where and b...

Trail Smelter Case Canada built Trail Smelter close to the US border in Canada. Emissions from company affected US citizens and the environment US went to International Joint Commission and it stated that Canada has to pay compensation to affected citizens + Smelter should reduce its emissions. Established the principle that state has responsibility to prevent pollution in another state and that state is responsible for activities of private companies that operate within its jurisdiction...