POL340Y1 Chapter Notes - Chapter 4: Arms Control, Hugo Grotius, Cuban Missile Crisis
Document Summary
Treaties inform charter interpretation, but do not control. Accompanying opinio juris (belief that practice is mandatory / matter of law) Feel that they are conforming to a legal obligation. Ends up being highly selective, based on larger and more influential countries. Importance of epistemic community - network of experts who influence. Treaties may codify customary international law or even contradict it. Declarations made by way of unilateral acts may have the effect of creating legal obligations. Detrimental reliance - unilateral promise may become binding only if it induces someone to rely upon it to their detriment. Binding only when there is a clear intent to be bound, having regard to all surrounding factual circumstances. Court will be reluctant to discern any such intent where the subject matter of the declaration is readily amenable to the more usual process of negotiation and conclusion of an agreement between the interested states.
