POL340Y1 Lecture 3: June-4-Lecture
23 Dec 2016
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June 4 lecture: customary il=is law every bit as much as treaties. Cil diff. between treaties- is binding on states irrespective of their consent, treaties only get their power from states that give them consent. Analogy-treaty to contract and cil to tort=commentators prefer treaties and cil to their counterparts treaties are like legislation-prescribe in detail what the law is. Cil-more like common law-like the law even though it isn"t written down. Article had become cil-you must use equidistance principle court disagrees- at most provision could be de lege ferenda-law in the future-maybe someday this provision will become cil but it is not de lege lata-treaty or law till now. Another argument-state involved more likely engaged in state practice. North sea case-treaty not determinative of cil, nic. case-breaches of cil aren"t demonstrative to the practice of cil, have to be number of objections from a number of states. Opinio juris-states acting in way because they feel legally bound.
