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E-: Relationship treaties and customary international law

4 important questions on E-: Relationship treaties and customary international law

Which two elements need to be in place in order for a rule to become customary international law?

Objective element: the repeated behavior of states in a certain way -> state practice
Subjective element: opinio iuris -> refers to belief on the part of states that they acted in such a manner based on their conviction that international law required them so to act

What is the ROL in the Nicaragua case concerning state practice (customary law)?

In this case the court reiterated that state practice does not have to be absolutely uniform , as long as any inconsistent practice by individual states is regarded as a breach of the rule in question - or if the state concerned claims that its inconsistent conduct was justified

In which cases did the ICJ explain when and how a resolution of the GA can be used to identify opinio iuris?

Nuclear Weapons & Nicaragua

What are general principles of law?

General principles of law can be defined as legal principles recognized in the domestic law of nations worldwide, which have been transposed into international law.