PPIL cases

Reservations

reservations to CPPCG don’t violate object and purpose

DRC v Rwanda

reservations to CPPCG don’t violate object and purpose + some ministers outside art 7 VCLT troika can bind state if special portfolio

Hungarian dams

VCLT Art 62 fundamental change in circumstances but didn’t show unforeseeable and radical transformation + illegally pulling out of a treaty tbd by treaty law but consequences by state responsibility

NSCS

CIL: widespread/representative particip w/specially affected states

ILC Conclu 10

Opinio juris: public statements, legal opinions, attitude in conferences etc

SS Lotus

PCIJ inferred custom from action and acquiescence

Nicaragua

deduced customary non intervention from sovereign equality + inconsistent CIL doesn’t mean it doesn’t exist + use of force both in UNC/CIL + US not responsible for all actions + only grave uses amount to armed attack

ICL Conclu 15

persistent objector CIL: formation, consistent, tell others (doesn’t apply to jus cogens)

Nicaragua vs ICTY vs Bosnia Genocide

effective ≠ overall control for state responsibility of non-state actors

Arrest Warrant

national judgements can matter for state practice

Chagos AO

self-determination is CIL + GA resolutions can reflect evolving CIL

OAU Resolution

uti possidetis

Kosovo AO

Declaration of indep didn’t violate IL + remedial secession + SC decisions interpreted in the light of treaty law for guidance only

Quebec secession

exceptional external self-deter doesn’t work when state complies with equal rights and self-deter (represents all people)

Reparations for injuries AO

UN has ILP so can bring case to ICJ

Certain expenses AO

organ can interpret constituent treaty

Namibia/Reparations AO

subsequent practice of IO can help to interpret treaty

Nottebohm

need genuine connection for nationality

ICL Art 4 (diplomatic protection)

birth, decent, naturalization ect in interna law and not inconsistent w IL

Gambia v Myanmar /East Timor

any state can invoke responsibility for erga omnes

Monetary gold

can’t decide w/o 3rd party

Nuclear Weapons AO

must have competence to ask ICJ opinion

Tehran hostages

translated into acts of that state

Lagrand

Us had to prove cessation/won’t happen again after state responsibility

UNSC Res 1368 2249

Right to self-defense against non-state actors

Article 2 Drat ARticles on the Responsibility of IO for Internationally wrongful acts

an IO is orga established by treaty/instrument governed by IL posessing ILP

Eastern Carelia

an ICJ request can’t circumvent a bilateral dispute