E-: Relationship treaties and customary international law
4 important questions on E-: Relationship treaties and customary international law
Which two elements need to be in place in order for a rule to become customary international law?
- Objective element: the repeated behavior of states in a certain way -> state practice
- Subjective element: opinio iuris -> refers to belief on the part of states that they acted in such a manner based on their conviction that international law required them so to act
What is the ROL in the Nicaragua case concerning state practice (customary law)?
In which cases did the ICJ explain when and how a resolution of the GA can be used to identify opinio iuris?
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What are general principles of law?
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