Sources

Question 1

Right of passage over India territory case

Answer 1

• General pratice
• No opinio juris

Question 2

ICJ, Colombian-peruvian asylum case

Answer 2

• Opinion juris
• No general practice

Question 3

Conclusion 7, Draft conclusions

Answer 3

General practice => accepted as a whole

Question 4

Conclusion 8, Draft conclusions

Answer 4

General practice
- Widespread
- Representative
- Consistent

Question 5

Conclusion 9, Draft Conclusions

Answer 5

Practice => sens of legal obligation (not habits)

Question 6

ICJ, North sea continental shelf judgment

Answer 6

“The state concerned must therefore feel that they are conforming to what amounts to a legal obligation”

Question 7

Conclusion 10, Draft conclusions

Answer 7

“Failure to react over time to a practice may serve as evidence of acceptance as law”

Question 8

Art 7, paragraph 2, Vienna Convention

Answer 8

Full power => state representative with the power to led the treaty

Question 9

Art 3, Vienna Convention on Diplomatic relations

Answer 9

Head of State / granted to a diplomat

Question 10

Reservations to the Convention on the Prevention and Punishment of the crime of Genocide

Answer 10

If reservation = object convention (State =party convention)

Question 11

Art 10, Guiding Principles

Answer 11

Unilateral declaration => Legal obligations/ not revoked arbitrarily

Revocation => Mentionned in the declaration/ if not relied on/ if changes of circumstances

Question 12

ICJ judgement, Maritime Declaration and Territorial questions Qatar and Bahrain, Jurisdiction and Admissibility

Answer 12

Exchange of letter => international agreements => Rights and obligations

Question 13

ICJ judgment, Ficheries case

Answer 13

UK didn’t contest the Norvegian practice : = opinio juris