A rule embodies in a treaty is competent to exclude the operation of any rule

A rule embodies in a treaty is competent to exclude

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- A rule embodies in a treaty is competent to exclude the operation of any rule of customary international law International Court of Justice identification of customary international law - states shall respect and enforce “the basic rights of human persons” - states shall enjoy freedom of navigation - states shall resolve their disputes peacefully - states shall not intervene in the affairs of other states - states shall not pollute the environment - states shall enjoy the eight od self-defence against armed attacks by other states - states shall not acquire territory by war - dualism does not apply to international custom Peremptory norms - Bind all sovereign with or without state practice or assent e.g. prohibitions against slavery, torture, aggressive war - Doctrine of universal jurisdiction - Obligates all states to enforce peremptory norms domestically - But China is skeptical towards the doctrine> HK is unlikely to enforce peremptory norms Chung Chi Cheung v R ]1939] AC: Treat customary law as incorporated into domestic law so far as it is not inconsistent with rules enacted by statute C v Director of Immigration [2011] 5 HKC (CA) : no litigant may assert rights under a rule of customary international law which has been “clearly overridden by domestic legislation to the. Contrary” Vienna Convention on the Law of Treaties 1969 - Any existing treaty which is in conflict with a new peremptory norm become void and terminates - A treaty is void if at the time of its conclusion, it conflicts with a peremptory norm of general international law Internationa l Judicial Decisions - 120 international dispute settlement bodies Assumed mantle of “courts” and “tribunals” No comprehensive judicial hierarchy, not enforcing judgments of international courts International Court of Justice Prosecutor v Tadic (1996) International Criminal Tribunal: - Every tribunal is a self- contained system
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- Judicial organ of UN, informally known as World Court - Most prestigious of all international tribunals, but has no formal relationship to other tribunals - Does not serve as a court of last resort - Has jurisdiction only when state parties consent to it - Not precedential, only binds parties to that case - Rules and principles tend to be accepted by states as customary international law Examples of international courts - WTO Appellate Body - International Tribunal For the Law of the sea - International Criminal Court Regional: European Court of Justice Decisions of international courts are not binding, but provide influential guidance and persuasive authority - Domestic courts may assign varying degree of persuasiveness - HK became a host country for the Hague-based Permanent Court of Arbitration> host arbitrations involving states and companies, both public and private, mostly from Asia, e.g. Republic of the Philippines against ORC’s “nine-dotted” line claim over South China Sea - No integrated judicial system operating in an orderly DOL Koon Wing Yee v Insider Dealing Tribunal (2008) CFA: - In respect of the jurisprudence of European
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