BIOL 1011 Lecture : Lecture8
Document Summary
Us-mexico 1938 case according to the us secretory of state, when properties have been seized, General customs play a bigger role when nation states that does not have a treaty. The icj has been ambiguous in its use of general principles. text book pg. 35, klabbers claims that the icj has never decided a case solely on the bases of general principles alone. When they use general principles they never cite article 38c. Judicial decision are seen as expressly and are not used very much but only in time of need. Based on the decision so far. , one can make an argument that international law depends heavely on judicial decisions. Care needed when using precedents: establish a clear connection between the two cases. Today the international law association exist but not as much. Klabber suggest that the biggest problem with international law is the criteria distinction between what is law and what is not a law.
