1.

Customary International Law

- Check if State practice is there - has to be extensive and uniform – should not be
major inconsistencies
- Check if opinio juris
- Check if there is persistent objection by the States

2. General Principles of Law

- If national legal systems,
- Check if principle is common to the principal legal systems of the world
(comparative analysis) - comparative study- Every single system is not necessary-
Check if all or major or many have been covered – assessment of national legislations
and decisions
- Check if there is transposition of that principle to the international legal system
- For transposition,
- Compatible with the fundamental principles of international law
- Conditions exist for adequate application
- If international legal system,
- Check if principle may be widely recognized in treaties and other international
instruments
- Check if principle may underlie general rules of conventional or customary
international law.
- Check if principle may be inherent in the basic features and fundamental
requirements of the international legal system

3. Creation of State
Requirements:
- Population
- Territory
- Government
- Capacity to enter into agreements

4. Use of Force
- Check if there is an attack on a State’s nationals abroad. If yes,
- Consent is required from foreign government
- Check if self defence (self defence is allowed on attack on ships, aircrafts and by non-
state actors). If yes,
- There should not be armed reprisal
- It should not be pre emptive or anticipatory

5. State Responsibility
Article 2
- Check if attributable
- Check if breach of an international organization
Article 4
- Check if organ of state
Article 5
- Control is irrelevant
- Must exercise regulatory functions

Article 6
- Organ must possess the status of organ of sending state
- Conduct must involve the elements of governmental authority of the receiving state

Article 7
- Even if exceeds authority or contravenes instructions
- Is it individual conduct or conduct of organ?

Article 8
- If the person is acting under control?

Article 9
- the conduct must effectively relate to the exercise of elements of the governmental
authority
- the conduct must have been carried out in the absence or default of the official
authorities
- the circumstances must have been such as to call for the exercise of those elements of
authority.