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Flashcards in Sources of PIL Deck (9)
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1

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

2

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.

3

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

4

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

5

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

6

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

7

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

8

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

9

A38 ICJ

Int'l Conventions
Int'l Custom
Secondary Sources - Judicial Decisions and Legal Teachings