With the aid of appropriate case law, explain what requirements must be fulfilled before a rule of custom can be regarded as part of customary international law that would bind a state
Question 1 (3 marks each – total 15 marks} al bl d) a) With the aid of appropriate case law, explain what requirements must be fulfilled before a rule of custom can be regarded as part of customary international law that would bind a state? When would a rule of customary international law be of no effect against a state? ‘The Pacific island countries tend to adopt dualist approach to domestic implementation of treaties.’ To what extent is this statement true? Discuss the situation in one Pacific country, with reference to relevant case law. ‘The criteria for statehood under the Montevideo Convention are exhaustive and do not permit any additional criteria or practices to be added.’ Discuss this statement with reference to the United Liberation Movement for West Papua {ULMWP}. On what basis can the ULMWP claim independence under international law? ‘The Permanent Court of Arbitration is a court in all respects and does what a normal court of law will often do.’ To what extent do you agree with this statement? Explain two advantages and two disadvantages of solving a dispute before the Permanent Court of Arbitration as compared to using international courts and tribunals. ‘The controversy on "Universaiism v. Cuituroi reiotivism" is purely a theoretical question and has no practical implications in South Pacific countries’. Critically discuss the validity of this statement.
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