Law 2101 Quiz: Important must know cases in law studies
Document Summary
Summary of important cases: state practice has to be constant and uniform" to be regarded as a custom, emphasized that opinio juris" is an essential part in the formation of customary international law. Asylum case: recognized that art 38 icj statute encompassed both local custom as well as general custom, in much the same way as it encompasses bilateral and multilateral treaties. Anglo-norwegian fisheries case: the degree of consistency required (of state practice) may vary according to the subject matter of the rule in dispute, state practice need only be adopted generally, rules of jus congens" are difficult to establish. Judicial decisions influence customary law (cid:1) speeds up the development. North sea continental shelf case: the treaty provision which is said to give rise to the custom must be capable of general application and must be intended to be the basis for future state practice, supported by.
