Introduction to Customary International Law
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What was a significant factor in the ruling of The Scotia case?

  • The Berkshire complied with all the light regulations.
  • The Scotia ignored the maritime regulations of both countries.
  • The Berkshire displayed the required colored lights.
  • Customary rules of international law were established by both states. (correct)

    • Which statement accurately describes 'lex lata'?

  • It is used to establish state practice.
  • It signifies the law as it is. (correct)
  • It defines customary rules based on state practice.
  • It refers to progressive development of international law.

    • What role did state practice play in international law custom?

  • It is the total sum of how states behave regarding specific issues. (correct)
  • It disregards customary rules that are not codified.
  • It solely represents written laws enacted by countries.
  • It reflects the opinions of legal scholars only.

    • What type of legal acts should be considered in establishing state practice?

    <p>A combination of many actions and statements made by states.</p> Signup and view all the answers

    Which of the following reflects the outcome of The Berkshire's actions?

    <p>The Berkshire was penalized for not showing colored lights.</p> Signup and view all the answers

    What is meant by 'de lege ferenda'?

    <p>It highlights the future direction for developing international law.</p> Signup and view all the answers

    How did the court interpret the regulations regarding lights in The Scotia case?

    <p>They had become binding due to widespread acceptance.</p> Signup and view all the answers

    What is a characteristic of customary rules in international law?

    <p>They are typically unwritten and based on state practice.</p> Signup and view all the answers

    What is required for a practice to become a custom in international law?

    <p>A degree of consistency in its occurrence</p> Signup and view all the answers

    What distinguishes international law custom from ordinary customs?

    <p>International law custom requires a higher expectation of adherence</p> Signup and view all the answers

    Which example demonstrates a matter of individual choice rather than a legal obligation in customs?

    <p>The Pope kissing the ground when visiting countries</p> Signup and view all the answers

    According to Article 38 (1) of the ICJ Statute, which two elements characterize international custom?

    <p>General practice and accepted as law</p> Signup and view all the answers

    What happens if established customs in international law are not observed?

    <p>Sanctions may be imposed</p> Signup and view all the answers

    How does international law custom typically arise?

    <p>Through acts or omissions</p> Signup and view all the answers

    What is the implication of the phrase 'the way things have always been done' in international law customs?

    <p>Established practices must be followed</p> Signup and view all the answers

    Why can the Queen of England not be sanctioned for removing her gloves while shaking hands?

    <p>It is a matter of personal discretion</p> Signup and view all the answers

    What does customary international law result from?

    <p>A general and consistent practice of states followed by a sense of legal obligation</p> Signup and view all the answers

    Which of the following is considered a customary international practice regarding diplomats?

    <p>Diplomats are usually sent back to their home countries if they violate the law</p> Signup and view all the answers

    What are the two basic elements in the creation of a customary rule of international law?

    <p>State practice and opinio juris</p> Signup and view all the answers

    In the Case of Colombia v. Peru, what did Colombia assert regarding its right to asylum?

    <p>Colombia claimed regional custom justified its actions in granting asylum</p> Signup and view all the answers

    What is the subjective element in customary international law referred to as?

    <p>Opinio juris</p> Signup and view all the answers

    What does the term 'opinio juris sive necessitatis' signify in international law?

    <p>A belief that certain practices are followed out of legal obligation</p> Signup and view all the answers

    Which of the following is NOT an element of customary international law?

    <p>Mandatory treaties between states</p> Signup and view all the answers

    Which of the following best describes 'state practice' in international law?

    <p>Actual behavior and actions of states or international organizations</p> Signup and view all the answers

    What is defined as 'tacit recognition' in international law?

    <p>Unilateral conduct interpreted as consent</p> Signup and view all the answers

    What must States prove when invoking 'local custom' in international law?

    <p>That those States participated in its establishment</p> Signup and view all the answers

    What does the term 'persistent objector' refer to in international customary law?

    <p>A State objecting from the beginning of a new customary rule's formation</p> Signup and view all the answers

    Under what condition can an omission by a State constitute a custom?

    <p>When the omission is based on a belief of legal obligation</p> Signup and view all the answers

    What impact does the acquiescence of States have on customary international law?

    <p>It may strengthen the development of new customary rules.</p> Signup and view all the answers

    Which statement is true about regional customs in international law?

    <p>They can exist with participation from as few as two States.</p> Signup and view all the answers

    What is the effect of silence from States in the context of local custom?

    <p>It can indicate a lack of recognition or acceptance.</p> Signup and view all the answers

    What is the relationship between the law of the sea and land-locked States?

    <p>Land-locked States do not practice the law of the sea.</p> Signup and view all the answers

    What is meant by 'jus cogens' in international law?

    <p>Norms that are universally accepted and cannot be violated</p> Signup and view all the answers

    Which of the following is NOT an erga omnes obligation?

    <p>Right to privacy in domestic law</p> Signup and view all the answers

    Which conditions must be met for UN General Assembly resolutions to be considered evidence of custom?

    <p>Adoption by a dominant majority and repeated endorsements</p> Signup and view all the answers

    Which of the following best describes 'soft law' in international legal context?

    <p>Documents that influence international law but are not legally binding</p> Signup and view all the answers

    What does 'finality of judgments (res judicata)' signify in international tribunals?

    <p>The binding nature of decisions made by international courts</p> Signup and view all the answers

    Which principle involves compensating the injured party for both lost profits and damage incurred?

    <p>Damnun emergens and lucrum cessans</p> Signup and view all the answers

    What role do SC (Security Council) resolutions play in international law?

    <p>They can be binding if concerning threats to peace</p> Signup and view all the answers

    Which of the following is a binding principle recognized in municipal law that applies to disputes between states?

    <p>The principle of good faith</p> Signup and view all the answers

    Study Notes

    Introduction to Customary International Law

    • Customary International Law (CIL) is derived from the consistent practices of States, accepted as legally binding.
    • It requires more than just ordinary habits, reflecting a long-standing, widespread practice with a sense of legal obligation.
    • CIL is not subject to sanctions for individual breaches, focusing on consistent practices and obligations.
    • CIL emerges from the need for legal obligations based on legitimate expectations created by the conduct of States.
    • CIL is defined in Article 38(1) of the Statute of the International Court of Justice (ICJ) as "international custom, as evidence of general practice accepted as law."
    • CIL is based on two elements: "State Practice" and "Opinio Juris."

    State Practice and Opinio Juris

    • State Practice refers to the actual behavior of States and international organizations.
    • Opinio Juris signifies a belief that such behavior is legally binding.
    • These two criteria are essential for establishing customary rules in international law.

    Key Cases Illustrating CIL

    • Colombia v. Peru (1950) - The Asylum Case

      • This case involved the granting of political asylum to a coup leader, Mr. Haya de la Torre, in the Colombian embassy in Peru. The Colombian government alleged that a regional custom in Latin America entitled it to qualify the offense for the purpose of asylum.
      • The ICJ ruled that the Colombian government needed to prove the existence of a constant and uniform usage practiced by relevant States to establish a binding custom.

    • The Scotia (1872) - US Supreme Court

      • This case involved a collision between an American sailing vessel and a British steamer.
      • The American vessel violated US and international maritime regulations regarding colored lights for navigation.
      • The court held that the widely accepted navigational rules, adopted by many maritime states, had become part of the law of the sea.

    Customary Rules in International Law

    • Customary rules are often unwritten and uncodified.
    • The International Law Commission (ILC) plays a role in codification (Lex Lata) and progressive development (De lege ferenda) of international law.
    • State-practice requires analyzing how States behave regarding a specific issue, including their actions and statements.

    Factors Influencing State Practice

    • Influence of specific States: The UK significantly impacted the development of the law of the sea, while the Soviet Union and the US influenced space law.
    • State behavior: "State practice" includes various legal acts and practices.

    Protest, Acquiescence, and Change

    • Acquiescence: A State's silent acceptance of a developing custom can be seen as consent.
    • Protest: Persistent objection to a new custom from its inception can exempt a State from its binding nature.
    • Persistent Objector: A State that consistently objects to a new custom from its beginning is not bound by that rule.

    Other Aspects of Customary Rules

    • Local Custom: Specific customs can apply to particular regions, requiring participation of all States in that region. Silence does not automatically imply acceptance.
    • Omission as State Practice: States' omissions, refraining from actions due to a sense of legal obligation, can contribute to establishing custom.
    • Regional Custom: Customary rules can apply to specific regions of the world. A minimum of two States can create a regional custom, which only applies to the region.
    • General Principles of Municipal Law: General principles of law, derived from municipal legal systems, may apply to disputes between States.

    Other Sources of Public International Law (PIL)

    • Jus Cogens: Fundamental principles of international law from which no derogation is permitted. Examples: prohibition of genocide, slavery.
    • Erga Omnes Obligations: Obligations owed to the international community as a whole.
    • Resolutions of International Organizations: Resolutions can contribute to the development of Customary International Law, especially those adopted by a majority of states and with consistent content. Additionally, resolutions can be used to interpret existing international law.
    • Soft Law: Non-binding agreements and principles that are considered important for international cooperation and development. They do not have the force of law, but can influence state behavior.

    Example of Jus Cogens

    • Article 53 of the Vienna Convention on the Law of Treaties states that a treaty is void if it conflicts with a jus cogens norm.

    Example of Erga Omnes Obligation

    • The Barcelona Traction Case determined that certain obligations are owed to the international community as a whole. The violation of these obligations affects not only the state that is directly injured, but also all States.

    Examples of Resolutions of International Organizations

    • UN General Assembly Resolutions can be considered evidence of custom if they are adopted by a majority of States, including those whose interests are affected, repeatedly, and with the same content.
    • UN Security Council Resolutions are binding if adopted under Chapter VII of the UN Charter (regarding breaches of international peace and security).

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    Description

    This quiz delves into the fundamentals of Customary International Law (CIL), exploring its definition, components, and the significance of State Practice and Opinio Juris. It aims to enhance your understanding of how CIL emerges and operates in the international legal framework.

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