Spyder notes- article 38 (c) and (d)

Spyder notes- article 38 (c) and (d) - Article 38 (c) and...

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Article 38 (c) and (d) (c): "general principles of law recognized by civilised nations" -seldom invoked in practice and are definately lesser standing than treaties and custom. -Possible Meanings -GP extracted from national law (due process and equity) -GP inherent in intl law itself (pacta sunt servanda) -GP extracted from natural law (HR principles) -Diversion of Water from the Meuse Case: Netherlands v. Belgium (1937) -Netherlands claims Belgium infringed a treaty obligation by building canals that altered flow of Meuse River. -Court argued that netherlands had lost its right to bring its claim though because of similar conduct on its part. -Court thus understood "principles of equity" as being principles common to national legal systems generally were part of intl law by virtue of Art. 38. -Court recognized "equity" as part of intl law. -Article 38 1 (c)- put in ICJ in cases of non liquet - a finding that there was no law on the point. -Failing a custom or treaty, court to apply (c)
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This note was uploaded on 09/04/2010 for the course GOVT 380 taught by Professor Tannenwald,n during the Spring '07 term at Cornell University (Engineering School).

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