POLI 359 Lecture Notes - Lecture 2: Multilateral Treaty, Unequal Treaty, Estoppel

• School: McGill University
• Department: Political Science
• Course: POLI 359
• Professor: Fernando Nunez- Mietz

Document Summary

Introduction: on an international level horizontal legal system. Customary law: customary law historically comes first in many areas of law. Some treaties produce norms that become customary law: consists of the rules that emerge from the experiences of states over time as they try to resolve interstate problems. For most states, their official statements, court decisions, legislative acts, and diplomatic behavior reflect this: became law when there was a conviction that the expected behavior is opinion juris sive necessitates (opinion juris) An applicable defree of legal consensus within the intl society must exist before it is possible to codify a customary rule into a written one. Why are customary laws codified: after wwii, a large number of socialist and third world states encountered the europeanized legal system. Law commission produced a considerable number of treaties for states to consider ratifying to accommodate diversity.