VU20960 Final: Problem Scaffolds
Document Summary
For every question, begin by stating the sources of law the icj/judicial body may have recourse to: set out in the icj statute article 38(1)(a)-(d, international conventions, custom, general principles, subsidiary means: judicial decisions and writings. Separate state with sole right of discretion in all matters austro-german customs union. Existence/disappearance of a state is a question of fact. Recognition of state: deutsche continental gas v polish state not constitutive but declaratory, should be declaratory to avoid political prejudice tinoco arbitration, recognition by un touchstone of statehood. Issue of which state has the best claim, not merely a claim island of palmas: occupation, by a state, effective, intended as sovereign claim, discovery establishes inchoate title, must occupy successfully clipperton island. Right to self-determination 1966 international covenant on human rights. Principle of equal rights and self-determination un charter article 1(2) Granted where canada supreme court re quebec: previous colony 2.
