PO333 Lecture 6: Week 3 – Jan 18th Lecture
Document Summary
Making or renouncing claims ex. to territory. Acts of recognition ex. of states: customs demand recognition. Opinio juris is like mens rea: i understand by doing this thing it carries with it awareness of moral/legal obligation . Norway was making a claim to eastern greenland. The court is looking to the intent opinio juris. Oral declaration by the foreign minister of norway norway would not object to such a claim by denmark for the entirety of greenland. Judgement norwegian occupation over greenland and any steps further would amount to violation of existing legal situation unlawful and invalid: relied on 2 principles: The court made ihlen declaration binding thereby conferring the sovereignty to denmark. Icj (court of united nations) asked to settle a dispute between aussie and new zealand against france to put a halt to atmospheric nuclear tests in the south pacific. The declaration made through unilateral acts may have the effect of.
