POL_S 103 Lecture Notes - Lecture 13: Overgrazing, Marine Pollution, Rome Statute Of The International Criminal Court
Document Summary
Only legally binding for states that sign and ratify. Each member can modify its obligation with reservations. Unwritten, but legally binding if: widespread, long-standing state practice, regarded as legal obligation. States can be exempt if they demonstrate early and persistent objection . Subset of customary law, also known as peremptory norms. No clear procedure for determining what qualifies. Clearly prohibits genocide, piracy, slavery and wars of aggression. Possibly also torture and death penalty for minors. General principles of international law mostly procedures for. Writing of publicists mostly used to determine whether custom interpretation exists. Trumps any treaty or other law community that contradicts it (cid:1) (cid:1) Un security council resolutions legally binding. Un general assembly resolutions not binding, but can be evidence of custom. Decisions of some regional orgs binding on members. Succession: treaties are binding on states, not specific leaders or governments. New regimes and even new states created by their predecessors.
