Transnational Law

33-50
Customary international law -- unwritten law that follows repeated state customs that turns
into international law. States practices in compliance with a rule and by doing so create the rule
that gives rise to legal obligations (opinio juris  must be preformed under legal obligation)

Persistent objector status state objection to customary international law, doctrinal

expression of the principle consent
Strict req.--> there are universal principles that are considered non derogable (jus
cogens)

State practice
1. Wide range forms both physical and verbal also maybe inaction
2. Diplomatic acts and correspondence, conduct in connections w. resolutions adopted
by an international organization/intergovernmental conference, treaties, executive
conduct, legislative and admin acts and decisions of national courts
3. No predetermined hierarchy among various forms of practices

Sources of International law

A. Conventions
B. CIL
C. Gen. principles
D. Works of most highly qualified publicists (subsidiary)
a. Treaties and practice and acts
b. Judicial decisions

North Sea Continental Shelf (Germany v. Denmark & Netherlands)

Int. Court of Justice 1969

Netherlands/Denmark say that even tho Germany isn’t party to convention equidistance policy
embodies emerging rules of customary law. Court says clearly not the sort of foundation on
which art 6 of convention could be said to have reflected or crystallized such a rule. Art 6 was
based on draft of international law commission that formed basis of discussion at the
conference and was proposed with considerable hesitation on an experimental basis. Art 12
allows reservations (changing effect of the language in some way) on all in convention besides
1-3 so 6 is NOT set in stone.

Nether and DReservation based on delimitation on the basis on the principle implicit in art 1+2,
under at 6 could only be exercised in a manner consistent with the preservation of at least the
basic principle of equidistance (4 reservations at time entered in art 6 with 1 far reaching) none
has purported a total exclusion or denial
Coastal state has EXCLUSIVE rights in whatever areas of the continental shelf theyre not
exercisbable by any other states. The actions or inactions cannot affect the right of other states
to enter reservations

Last argument by den/neth, even if no such rule was before or crystalized in art 6 of convention
the rule has come into being since convention b/c partly own impact, basis of sub state practice
and so rule now a rule of customary interational law binds all state and so declar applicable to
delimitation of boundries

Specially affected states

DRC v Rwanda (armed activities on the territory of the Congo) ICJ 2006
Does the ICJ have jurisdiction?
Jus cogens analysis on genocide
DRC made reservation but Rwanda didn’t object
BUT doesn’t make it 100% effective cuz of CONSENT
First time Jus cogens norms!
Because now that means they can apply it in other international cases

Treaties apply to states while the statuates apply to the criminal actions within the domestic
law

Goldwater v. Carter
President carter terminated a treaty with Taiwan w/o congressional approval. Some
congressional members felt that this deprived them of constitutional function but no
congressional action was ever taken. This is a political question no justiciable, remand and
direct district court to dismiss.

Withdrawl- is for the individual country, makes it not applicable to that one country only (in
bilateral will actually terminate treaty b/c cant have a treaty w. just one country)
Denunciation- pretty much the same as above
Termination- depends on use, a state may terminate its own participation of a treaty but a
treaty termination means thate the TREATY itself is terminated

A treaty is void if at the times of its conclusion it conflicts with a preemptory norm of general
international law. (art. 53, so only applies to at the time it is made)

If a new peremptory norm of general international law emerges, any existing treaty which is in
conflict with that norm becomes void and terminates.
VCLT termination provisions Art 54-64 ON TWEN

VCLT Invalidity provisions – Art. 46-53