Intel Law Term 1

Law

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Sample Data

Front How did the North Sea Continental Shelf Cases (ICJ 1969) define the standard for adequate State Practice for Customary International Law?
Back Practice needs to be both “extensive and virtually uniform,” and must include the participation of states whose interests are specially affected (Art 38(1)(b) ICJ Statute). Example: The equidistance principle was not found to be sufficiently widespread or representative practice to constitute CIL between the parties.
Front What is the fundamental principle established in the Lotus Case (France v Turkey, 1927 PCIJ) regarding state obligations?
Back The Lotus Principle states that obligations upon sovereign states cannot be assumed; they must be proven using identified sources of law, requiring the necessity to use sources listed in Article 38(1) ICJ Statute. Example: The necessity for binding character meant that obligations had to be "proven" to justify the arrest of a foreign national following a ship collision.
Front Under what circumstances is a state held responsible for private actions, according to the Diplomatic and Consular Staff in Tehran Case (ICJ 1980)?
Back State responsibility is attributed if the State acknowledges and adopts the private entity’s actions as its own (Art 11 ARSIWA). Example: Iran was held responsible for the seizure of the U.S. Embassy by militants because the State publicly adopted and endorsed the militants' actions.
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