Alle problemen + alle jurisprudentie + alle hoorcolleges + alle weblectures van Introduction to International and EU law
All for this textbook (1)
Written for
Erasmus Universiteit Rotterdam (EUR)
Rechtsgeleerdheid
Introduction To International And European Union Law
All documents for this subject (36)
Seller
Follow
sophieluca
Content preview
Learning objective 1: Where can you find sources of
international law?
Art. 38 of the Statute of the International Court of Justice
a. International conventions
It’s the most direct way states create rights and obligations under international law and it’s the only
instrument available to states that want to enter into a legal relationship. The legal-basis is state
consent and a treaty only creates legal obligations for the consenting states.
- Pacta sund servanda = states must honour their treaty-based obligations
- Constituent treaty = a treaty that established an international organization
b. Custom law
c. General principles
It was to make sure that the court would be able to decide to a case even if an answer was not
possible to be found in custom or treaty law. But now, the ICJ never relied solely on general
principles, always together with custom or treaty. General principles also regulate the interaction
among legal norms.
d. Judicial decision
It is only a subsidiary source of law, they help to identify what the law is
A B C = law creating
D = law identifying
Learning objective 2: What is customary law?
Customary law is based on the everyday interaction of states. it arises when a particular way of
behaving is:
1. Followed as a general principle among states (the way things are) – objective element
2. Accepted by those states as legally binding (opinio juris) – subjective element
Objective element – state practice
Consistent repetition of certain behaviour that is either physical or verbal or legal practise. State
practice can be divided in 3 elements:
1. Generally consistency
The state practice needs to be reasonably uniform. Important is the general consistency of
the core of that conduct. Als long as the conduct is generally consistent with the rule, and the
inconsistent conduct treated as a breach of the rule rather than an indicator of the
recognition of a new rule, the conduct may suffice (Nicaragua Case 186).
2. Duration (but not fundamental)
The ICJ stated that the passage of only a short period of time is not necessarily a bar to the
formation of a new rule of custom law (North Sea Continental Shelf case 74).
3. Generality
How widespread participation in practise must be. Unanimity is not required, practise should
include the majority of states, and perhaps even more. The practise of those state whose
interests are especially affected are the most relevant (North Sea Continental Shelf case 73).
States can object to an emerging rule of international law, they are called the persistent objectors.
There are limits, they cannot object to the emerging of peremptory norms, imperative norms and jus
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller sophieluca. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.36. You're not tied to anything after your purchase.