Sentences with phrase «customary rule of international law»

The combination of a string of decisions in this field, coupled with the implicit acceptance or acquiescence of all the international subjects concerned, clearly indicates the existence of the practice and opinio juris necessary for holding that a customary rule of international law has evolved.

Not exact matches

The argument that there is a right of humanitarian intervention is usually put as an argument that a rule of customary international law has developed since the UN Charter.

This strong ethical and moral responsibility is derivable both from the universally accepted moral principles including the widely accepted golden rule which requires people to treat others as they wish to be treated, and international law including, but not limited to the «no harm» rule which is a widely recognized principle of customary international law whereby a State is duty - bound to prevent, reduce and control the risk of environmental harm to other states and a rule agreed to by all nations in the preamble to the UNFCCC, the «polluter - pays principle» agreed to by almost all nations in the 1992 Rio Declaration, human rights law which requires nations to assure that their citizens enjoy human rights, and many other legal theories including tort law.

This strong ethical and moral responsibility is derivable both from the universally accepted moral principles including the widely accepted golden rule which requires people to treat others as they wish to be treated, and international law including, but not limited to: (a) the «no harm» rule which is a widely recognized principle of customary international law whereby a State is duty - bound to prevent, reduce and control the risk of environmental harm to other states, and a rule agreed to by all nations in the preamble to the UNFCCC, (b) the «polluter - pays principle» agreed to by almost all nations in the 1992 Rio Declaration, (c) human rights law which requires nations to assure that their citizens enjoy human rights, and (d) many other legal theories including tort law.

«Finally, the link which the provisions of Chapter 13 of the envisaged agreement display with trade between the European Union and the Republic of Singapore is also specific in nature because a breach of the provisions concerning social protection of workers and environmental protection, set out in that chapter, authorises the other Party — in accordance with the rule of customary international law codified in Article 60 (1) of the Convention on the law of treaties, -LSB-...]-- to terminate or suspend the liberalisation, provided for in the other provisions of the envisaged agreement, of that trade.»

46 To that end, it should be noted that, on the basis of customary rules of general international law and those of multilateral agreements, the Head of State enjoys a particular status in international relations which entails, inter alia, privileges and immunities.

To show the existence of a rule of customary international law, a lawyer musters examples of state practice, whether manifested in treaties, national legislation and court cases, diplomatic correspondence, or other miscellany.»

It is not immediately clear to me what purpose is served by Aldo's comparison between comparative law and customary international law, unless, of course, comparative law is seen mainly as a technique to identify legal rules that are ripe for transplantation to another legal system.

Whereas the GC primarily relied on EU law to come to the partial annulment, the Court fully based its argumentation on customary international rules of treaty interpretation, applying these rules to the GC's argumentation.

The corrected view of the common law position prior to the English Act of 1978 is as expressed by Lord Collins and not as expressed by the Hong Kong Court and the Mighell rule does not reflect current English law, common law, civil law in general nor customary international law at the time of the Contract or now.

A Court could identify a rule of customary international law only if enough states follow a consistent practice, on the footing that it is a legal obligation.

Where an international obligation does exist, whether under a treaty or a rule of customary international law, a State is barred from invoking its internal law including its constitution.

Although customary international law contained rules concerning the protection of foreign investment as part of the international minimum standard, it remained a law governing the relations between States.

Our public international law practice finds us advising on claims under the European Convention of Human Rights, disputes involving the application of the Kyoto Protocol to the UN Framework Convention on Climate Change, the rules and principles concerning dealings with the effective government of a State, the customary rules of the Law of the Sea and the effects of termination of and withdrawal from international treatilaw practice finds us advising on claims under the European Convention of Human Rights, disputes involving the application of the Kyoto Protocol to the UN Framework Convention on Climate Change, the rules and principles concerning dealings with the effective government of a State, the customary rules of the Law of the Sea and the effects of termination of and withdrawal from international treatiLaw of the Sea and the effects of termination of and withdrawal from international treaties.

Finally, the «unquestionable customary norm» from Rule 158 of the Customary International Law Study's that «States must investigate war crimes allegedly by their nationals or armed forces, or on their territory, and, if appropriate, prosecute the suspectcustomary norm» from Rule 158 of the Customary International Law Study's that «States must investigate war crimes allegedly by their nationals or armed forces, or on their territory, and, if appropriate, prosecute the suspectCustomary International Law Study's that «States must investigate war crimes allegedly by their nationals or armed forces, or on their territory, and, if appropriate, prosecute the suspects.»

If the problems of research method that I have described prevent courts from «effectively and timely» identifying customary international law, then the Rule would seem to permit them to use special masters to supplement their efforts.

I was particularly struck by the Appeals Chamber assertion (para. 43 of the decision) that a rule of customary international law now exists to the effect that international courts and tribunals possess an inherent jurisdiction, which confers on each of them the power to determine the scope of their own jurisdiction (competence de la competence; Kompetenz - Kompetenz).

It is not necessarily the case, however, that the recognition of a [customary international law] norm against torture as the basis for some type of private law remedy in this instance would bring the entire system of international law crashing down,» said the ruling by Justice Mary Newbury, with justices Peter Willcock and Gail Dickson agreeing.