Sources of PIL Flashcards
North Sea Continental Shelf
Key Words: Finding Custom
Facts: Delimitation of continental shelf between Germany and Netherlands - does the equidistant-line special circumstance principle constitute CIL? (Featured in Geneva but Germany not a party)
Ratio: ‘Very definite, very consistent’ course of conduct - Consciousness of practice to get opinio = Not CIL
European Roma Rights
Key Words: Finding Custom
Facts: Refuse entry to UK (at Prague airport) of Czech Roma asylum seekers
Ratio: CIL is part of the common law. Cannot identify any CIL principle of non-refoulement.
Asylum Seekers
Key Words: Finding Custom
Facts: Columbia granted asylum to de La Torre but Peru refused to grant him safe conduct
Ratio: Local custom in Latin America - non-intervention - no obligation to grant safe passage
Arrest Warrant Case
Key Words: Subsidiary Sources
Facts: Belgium issues AW for Congo’s minister - violated principle of sovereign equality?
Ratio: Relief on UK Pinochet and Fr Cour de Cassstion - municipal court decisions as subsidiary sources
Nicaragua
Key Words: Jus Cogens and Obligations Omnium
Facts: US interfered in N - Reservation from treaty?
Ratio: Reservation did not preclude the formation of CIL - JC precluding use of force = Obligations Omnium
Gulf of Maine
Key Words: Finding Custom
Facts: Delimitate gulf between USA and Canada
Ratio: Opinio from a ‘sufficiently extensive and convincing practice’ - CIL provides only basic principle, not equitable or practical criteria
Use of Nuclear Weapons
Key Words: Finding Custom
Facts: Is the threat or use of nuclear weapons in any circumstances permitted under IL?
Ratio: Assembly resolution - evidence of opinio, not practice - No CIL
Pulp Mills
Key Words: Soft Law
Facts: Uruguay breached obligations under Statute of the River Uruguay
Ratio: Consider guidelines and recommendations of int’l technical bodies and WHO standards for air and water pollution
A38 ICJ
Int’l Conventions
Int’l Custom
Secondary Sources - Judicial Decisions and Legal Teachings
