POL340Y1 Lecture Notes - Lecture 8: Jus Sanguinis, Gustav Nottebohm, Legal Personality
Document Summary
476-485; 488-494; 499-521 thought experiment on kiobel v. royal. Assuming it applies, both parties have signed and ratified it. Is there an excuse for non-compliance: circumstances that some treaties that can be terminated. But often the customary il is often contested. You have to ask yourself question if there is any other way. There is a potential body of principles that are not strictly found on custom or treaties, but virtue of the fact that there is an il. It is about the credibility of the argument in favour of cir (customary international rules) that is important. Note: principle/ scholarly writings unlikely to be relied on their own. Demonstrate an understanding of international legal rules. Demonstrate ability to identity international law issues. In a given set of facts what are the legal issues are to be determined. Demonstrate an ability to apply the rules to resolve international law issues to new factual situations.