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Customary international law

Customary international law . Lecture 11 February 6. ASSIGNMENT -. Monday, Feb. 9 Customary International Law Jus Cogens (hand out) Prosecutor v. Furundzija Michael Domigues Case PLUS : General Principles of Law Recognized by civilized nations AM&S Case

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Customary international law

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  1. Customary international law Lecture 11 February 6

  2. ASSIGNMENT - Monday, Feb. 9 Customary International Law Jus Cogens (hand out) Prosecutor v. Furundzija Michael Domigues Case PLUS: General Principles of Law Recognized by civilized nations AM&S Case Midterm, March 2 – EKLCE 1B20 Wednesday, March 4 – Guest Speaker – Adjunct Professor David Akerson TODAY DEADLINE FOR TOPIC FOR RESEARCH PAPERS sign-up sheet on my desk The Texaco/Libya Arbitration

  3. Researching international lawJane Thompson at CU Law School Library • ASIL Guide to Electronic Resources for International Law: http://www.asil.org/resource/home.htmElectronic Information System for International Law (by topic): http://www.eisil.org/Georgetown E.B. Williams Library Research Guides: International Law: http://www.ll.georgetown.edu/intl/guides/intlaw/ (Also, they have a site on topics in international law: http://www.ll.georgetown.edu/intl/intl.html • Legal Research on International Law Issues Using the Internet: http://www.lib.uchicago.edu/~llou/forintlaw.html

  4. Researching international law-2 • LLRX: International Law Guides: http://www.llrx.com/international_law.htmlU. of Chicago Law Library, Foreign and International Law Research: http://www.lib.uchicago.edu/e/law/intl.htmlUniversity of Colorado Law Library, Foreign and International Resources: http://www.colorado.edu/Law/lawlib/international.htm

  5. Lotus - 4. Issue: Is there a principle of international law prohibiting one state from exercising criminal jurisdiction over a foreign national who commits acts outside a state’s national jurisdiction? UNCLOS Art.97 – collision cases – only the flag state or the national state of the accused may prosecute.

  6. Case: Texaco/Libya Arbitration • 1. Court: • 2. Sources: • 3. Facts: • 4. Issue: • 5. Holding and Decision: • 6. Reasoning: • 7. Significance of case:

  7. Case: Texaco/Libya Arbitration • Case: Texaco/Libya Arbitration • I. 1962 - Resolution 1803 – Permanent Sovereignty over Natural Resources • _____________ • II. More recent resolutions • 1) Res. 3171 – 1973 – on sovereignty over natural resources • 2) Res. 3201 – 1974 – Declaration on the Establishment of the New International Economic Order (NIEO) • 3) Res. 3281 - 1974 - Charter of Economic Rights and Duties of States • Substantial differences – betw. Res.1803 and the other 3 resolutions as regards the role of international law in the exercise of permanent sovereignty over natural resources. • The tribunal had to consider the legal validity of the resolutions and the possible existence of a custom resulting from them.

  8. Case: Texaco/Libya Arbitration • De lege lata – what the law is, existing law Res. 1803 (codification of the law) • De lege ferenda – what the law should be Introducing new principles Res. 3171, 3201, 3281 (progressive development of the law)

  9. Case: Texaco/Libya Arbitration Issue: • Can the legal value of UN resolutions be determined under the circumstances under which they were adopted and the analysis of the principles they state? ______________ • Look at the concession agreement Did the decrees of 1973 and 1974 breach Libya’s obligations under the Deeds of Concession?

  10. Customary international law • Background information • CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES 1966 • http://www.jurisint.org/pub/01/en/doc/105_2.htm Widely used in commercial cases. By 2002: 132 states had ratified it. • CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS 1959 (entered into force) 125 Parties – http://www.jurisint.org/pub/01/en/doc/152_1.htm

  11. How can a state avoid being bound by a rule of international law • A. Not being a party to the treaty w/the rule • B. Claiming the rule has not become customary international law (CIL) • C. Persistent objector after the development of the CIL • D. All of the above • E. Both A. and B.

  12. Jus CogensPart of Customary International Law • (Hand-out available on class website) • Peremptory norms of general international law • Vienna Conv. on the Law of Treaties Art.53 – no derogation permitted • - prohibition of slavery, piracy, genocide • - sovereign equality of states • - principle of self-determination

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