Beruflich Dokumente
Kultur Dokumente
individuals/states
community
social order
creation
interpretation
enforcement
replacement
Custom
nicaragua v icj
- absolutely rigorous conformity
Opinio juris
- ojsn
a confiction felt by states that a certain form of conduct is required by int'l law
- motivated by a sense of legal duty, and not simply by courtesy or comity
- can be proved by
> pointing to an express acknowledgemnt of the obligation by the states
concerned, or
> showing that failure to act in the manner required by the alleged rule has
been condemned as illegal by other states whose interests were affected
ALI 102
a treaty rule may create a customary rule
treaty and customary rule have seperate existence
even tho there is a treaty rule, you can still apply the customary law
- difference in operation: binding power
> treaty - parties who sign are bound
> customary - all
: operation - definitions provided, parties subj, grounds for excusing
non-observance, mechanism for enforcement - treaty will have one, custom will not
> T - use of force
> C - self defence
International agreements
- establishing rules expressly recognized by contesting states
- creates law for the states parties thereto
- may lead to the creation of customary int'l law when such agreements are intended
for adherence by states generally and are in fact widely accepted
1. btw states
1.1. oral
1.2. written (treaty)
a. treaty
b. executive agreement
vienna convention on the law of treaties btw states
examples:
good faith
unjust enrichment
responsibility for wrongful act
duty to make reparations
estoppel
c. in case of conflict:
1. type
2. terms
3. timing
material source (existence and content) - imp to prove existence of the process to
arrive to its existence and the operation via the content/copy of the treaty