1) What constitutes state practice?

ONLY the relevant state practice \; those affected by the norm

No numerical when it comes to state practice
Must check the elements:
- Objective (general practice)
- Subjective (opinion juris sive necessitates)
o There should be a belief that thir state believes that they are legally bound to do
so
NICARAGUA
- Principle of non-intervention. The US trained, armed, equipped, and financed the Contras
- Prohibition against violation of sovereignty of another state. The US entered/laid mines in
the territorial and internal waters of Nicaragua
- Prohibition against use of force against another state
- Right to self-defence reuires armed attack against the invoking state
What was the evidence of opinio juris
The attitude of state towards UN GA resolutions
a. General Assembly Reso 2625
b. Reso of The Sixth International Conference of American States Concerning Aggression
18 Feb 1928
c. Montevideo Convention on the Rights and Duties of states 26 Dec 1933
UN GA 2526: Declaration on Principles of International Law CONCERNING Friendly Relations
and Cooperation Among States”. No states shall directly intervene either directly or indirectly with
the internal affairs of other states.
Here, the US signed man that
The principle of equal
What is the normative value of UN GA Resolution?
KEY PRINCIPLES
1. General CIL must be determined by the general practice of the states and not just by the
states party to the dispute before the ICJ.
2. P. 8, Tanya notes

2) How much state practice is required?

Depends on the
3) How much consistency is required?
 4) Are dissenting and non-participating states bound by custom?
5) What evidencee is required for opinion juris?
6) May treaties be invoked as evidence of customary law? May they create customary law?
7) Is there a normative hierarchy in customary law?
8) Would declarations of law adopted by te UN GA constitute presumptive evidence of
accepted international law, irrespective of actual state practice?

NORTH SEA CONTINENTAL SHELF CASE

Short passage of time will not necessarily bar the formation of CIL
Germany: dili lang equidistant method kay di man ko kaabot. Should be a just and equitable share
Denmark and Netherlands: ikaw ba germany, wa ka kita sa Continental Shelf Convention of
1958? It’s there nga equidistant
Germany: bound diay ko ana nga wa man ko ni-sign ana
Denmark and Netherlands: Pero CIL man na, so even if di ka party, bound ka ana
Germany: Unsaon man na pagka CIL nga bag ohay pa lang man na?
ICJ: Germany is wrong in arguing that just bec short-new pa lang ang practice of equidistant
principle, it couldn’t ripen into CIL bec it’s possible man for there to be an instant IL.
KEY PRINCIPLE:
p. 8, tanya notes

Most common example of instant IL is the 9/11 bombing re extra-territoriality principle. After 911
incident, it was the greatest shift in how we treat terrorism

US embassy in Kenya: US already asserted extra-territorial principle basta terrorism; we can

exercise universal jurisdiction na such that wherever the bombing was done. However, needs
confirmation by the courts and

Under the UNCLOS: RULES

A. Affected parties should first come up with agreement
B. If no agreement, must com up with equitable utilization or use of resources

ANGLO NORWEGIAN
The moment a CIL is recognized, it is binding upon all states, whether you agreed to it or not
However, there is such a thing as Persistent Objector Doctrine/Persistent Dissenter Doctrine – a
state that qualifies here may not be bound by a CIL
Requisites:
1. Objection must have been made before the ripening of the CIL (wala pa sya naCIL, naka-
object na si state. Otherwise, ma-in breach na siya
2. Objection must be consistent – iya objection 10 yrs ago must be the same now and the
same next. IMPORTANCE bec foreign policies of the state change. PH is the best
example
3. The objection is categorical; unilateral statements – for instance, there are arguments nga
dili ba bound ang PH and therefore ma-estop sya in enforcing the winning decision of the
case against the China in West PH case, given that the president has consistently “dili mo
ma-enforce sa award bec we don’t want to court a war w/ china…it’s bec we’re already
partnering w/ china in our economic programs/devt”?
4. The objecting state must not be the very object or subject of the norm – coz if ikaw ang
very object or subject, then ikaw ni-object, exempt n aka, di sad siguro (DBL, 2019)
ICJ: “In any event, the ten-mile rule would appear to be inapplicable as against Norway, inasmuch
as she has always opposed any attempt to apply it to the Norwegian coast”
Court said naa may practice re 10-mile rule. BUT it is not consistent and neither it is
general. Even assuming there is such, Norway had been objecting to such practice and never
applied that rule ever since.
BAY n. under unclos, it is a bay when it is half-circle