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LAWS 2601 (66)
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Class 5.docx

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Department
Law
Course
LAWS 2601
Professor
Christina Harrison Baird
Semester
Fall

Description
Class 5Whatever is covered for reception of INTL in domestic law is on the midtermMidterm exam instructionsClosed bookArrive by 945 latest can come in earlier to have questions answered at regular time exam starts at 10 30 matching multiple choice 30 marks and two short essay questions 40 marks for short essay qsoPart A30mins b60Customary international lawFounded on idea that law comes from behaviour and belief of states It is possible to have an oral treaty but it is not covered by the Vienna convention on law of treaties Article 381 has sources of international law hierarchy and A and B are treaties conventions pacts protocols and customs They are the twins oIn order to prove a custom is a rule you need to prove general practice and that it is accepted Positivist theory of consentoStates consistently engaging in certain conduct objective which they believe is required subjective it is considered they consent to rules of customary international law that results oState sovereignty states are primary authors and subjects of international lawneed consent to bind a state legally Consent is found in consistent behaviour objective and believe in mutual obligation subjectiveoLaw is created in positivism not foundNatural law theoryoThink law is out there and to be discovered
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