ACCTG 1 Lecture Notes - Lecture 15: International Law Commission, Nuclear Weapons Testing, Non Liquet
Document Summary
South west africa case - argument that humanitarian considerations are sufficient to generate legal rights and obligations is rejected. As a court of law this can only happen if these are given sufficient expression in legal form. All states are bound by behavioral rules that are required for the maintenance of peaceful coexistence. Article 38 icj statute - sources of law. List of sources is not exhaustive (unilateral statements are also used) Followed as a general practice among states: objective element, consistent repetition of a particular behavior. Includes physical and verbal acts: verbal acts must be public (internal documents do not count, three elements, consistency, reasonably uniform in practice, conduct is generally consistent with the rule (nicaragua) Subjective element: opinio juris sive necesitatis - only legally binding custom if it is accepted as law, desire to create or honor a legal obligation, objective element is usually sufficient since proving intent by states is difficult.
