Customary International Law and Soft Law Flashcards
What are the sources of international law mentioned in Art. 38 of the Statute of the Int’l Court of Justice?
Can you describe each of them and explain why they are important?
Is there a hierarchy of sources, whether express or implied?
Where is customary international law mentioned as a source of law?
Why is customary international law still an important source of international law?
What are the two elements of customary international law?
What does the International Law Commission’s Draft Conclusions 2, 3 and 4 say and why are those conclusions important?
What does the UN General Assembly resolution say about these conclusions?
What are some of the main forms State practice might take?
Do they only include actions or also inactions?
What explains the idea of State practice as an objective element?
How long must a practice be for it to pass into a customary law rule?
What is opinio juris sive necessistatis?
Why is opinio juris considered a subjective element?
Should States focus only on practice and not bother on opinio juris?
How can States believe a practice to be law that is not already law? Isn’t this circular? If not, why not?
What are the facts, the issues, the rule and the analytical steps in the Paquete Habana Case?
What does the problem of developing country and developed country disagreements on the standard for foreign direct investment illustrate in this part of the casebook?
What is the principle of permanent sovereignty over natural resources?
