GINS 1010 Lecture Notes - Lecture 3: Peremptory Norm, Statute Of The International Court Of Justice, General Position

• School: Carleton University
• Department: Global and International Studies
• Course: GINS 1010
• Professor: All

Document Summary

Customary law: customary international law is composed of two elements, as reflected in article. 38(1)(b) of the icj statute: (1) state practice (an action carried out because of habitual obligation) and (2) opinio juris - the acceptance of that practice as law. The general position is that practice must be so universal as to be unquestionable. General principles of international law: there is still some controversy about the status of the general principles of law recognized by civilized nations, referred to in article 38(1)(c) of the statute of the. International court of justice: most commonly, these general principles are understood as those that exist in all municipal systems of law that have reached a comparable stage of development. Development (auxiliary documents: jus cogens norms (no exemption is permitted, unilateral legal obligations, resolutions - soft law/declarations of regional bodies, judicial decisions and advisory opinions international court of justice. B1) law-making through international organizations: codification and progressive development, resolutions of the un.