Economics 3366A/B Study Guide - Quiz Guide: Peremptory Norm, Lex Specialis, Humanitarian Intervention
8 Oct 2020
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It can safely be assumed arsiwa is reflective of custom, also because it has been adopted by widely supported un ga resolution. Also: cases concerned different types of questions and. Does allegedly breached legal obligation even apply to state? cases. Article 1 montevideo ( effectiveness-based" criteria): inadequate because both too inclusive and too exclusive. Legality-based" criteria: no jus cogens violation (kosovo ao para 81) Remember quebec para 155: recognition could still be highly important if unilateral secession. Duty to withhold recognition: article 41 arsiwa (especially re. illegal use of force) Nb: structure of answer depends on question; if montevideo is mentioned in question, mention their controversy and whether it is met, then move on and consider other factors such as recognition (especially if unilateral secession). Also discuss whether obligation to withhold recognition or not kosovo ao, egregious violation international law/use of force. Law-making and law-enforcement powers of territorial state.
