POLI 483 Lecture Notes - Lecture 4: Crystallization, United Nations General Assembly, Geneva Conventions
7 Mar 2018
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The 2 above are the way in which the international system have chosen to organize themselves. Consent (traditional): cl and "tacit agreement" tacitum pactum. In the earlier period, cl was ultimately grounded in a form of consent, meaning its entirely voluntarily (tacit consent) Practice usually is: litigants look through treaty law rst then will unveil themselves to customary law secondly. 3 general principles of law : (customs and treaties) A later general law does not derogate from an earlier special law. A special law prevails over a general one. Keyn (1909) - we have a customary law when states agree to take part in a law. Meaning technically that cl doesn"t apply to members of the league of nations. There has been a preference of treaty making instead of customary law (post ww2 and decolonization) customary law is a western way of doing things and was not necessary suit their interest.
