Customary International Law. The Parties confirm their shared understanding that “customary international law” generally and as specifically referenced in Article 10.5 results from a general and consistent practice of States that they follow from a sense of legal obligation. The customary international law minimum standard of treatment of aliens refers, for the purposes of this Agreement, to all customary international law principles that protect the economic rights and interests of aliens. Annex 10-B
Customary International Law. 30. In its Award, the Court shall also award the costs of the proceedings, including those initially borne by the Parties and those paid by the Treasurer.
Customary International Law. The Parties confirm their shared understanding that “customary international law” generally and as specifically referenced in Article 9.5 and Annex 9-B results from a general and consistent practice of States that they follow from a sense of legal obligation. With regard to Article 9.5, the applicable rules of customary international law refer to all customary international law principles that protect the economic rights and interests of aliens.
Customary International Law. Although international and domestic courts have consistently relied on the NMT judgments to determine the state of customary international law,29 they have exhibited considerable uncertainty concerning their authority. A number of courts simply finesse the issue, stating that the judgments “contribute” to customary international law without identifying the weight of their contribution.30 Other courts view the judgments as evidence of U.S. practice, no more important than the decisions of any national court. And still others treat the judgments as the decisions of an international tribunal, entitling them to considerably more authority than national decisions. 26 Xxxxxxx xxx Xxxxxxxx, Xxxxxx Report on Nazi Crimes Buried Without Honor, NEW YORK POST, 21 Nov. 1949, TTP-5-3-3-24, at 4. 27 Id. 28 Quoted in XXXXXX, FINAL REPORT, 116 (Appendix A). 29 See, e.g., Prosecutor x. Xxxxxxxxxxxxxx, IT-01-47-T, Judgment, para. 72 (15 Mar. 2006); Karins
Customary International Law. The Parties confirm their shared understanding that "customary international law" generally and as specifically referenced in Article 7.6, including in relation to the customary international law minimum standard of treatment, results from a general and consistent practice of States that they follow from a sense of legal obligation. Annex 7-B. Expropriation The Parties confirm their shared understanding that:
Customary International Law. 1. The Parties confirm their common understanding that customary international law, generally and as specifically referred to in Article 10.5, results from a general and consistent practice of States, followed by them in the sense of a legal obligation.
Customary International Law. The Parties confirm their shared understanding that “customary international law” generally and as specifically referenced in Article 9.6 (Minimum Standard of Treatment) results from a general and consistent practice of States that they follow from a sense of legal obligation. The customary international law minimum standard of treatment of aliens refers to all customary international law principles that protect the investments of aliens. Annex 9‐B: Expropriation The Parties confirm their shared understanding that: 1. An action or a series of actions by a Party cannot constitute an expropriation unless it interferes with a tangible or intangible property right or property interest in an investment. 2. Article 9.8.1 (Expropriation and Compensation) addresses two situations. The first is direct expropriation, in which an investment is nationalised or otherwise directly expropriated through formal transfer of title or outright seizure. 3. The second situation addressed by Article 9.8.1 (Expropriation and Compensation) is indirect expropriation, in which an action or series of actions by a Party has an effect equivalent to direct expropriation without formal transfer of title or outright seizure. United States‐Mexico‐Canada Agreement (2018) (Final Text) North American Free Trade Agreement (1994) Trans‐Pacific Partnership (2015)
Customary International Law. Applies to International Organizations International organizations are bound by at least some aspects of international law, in particular customary international law. The major sources of international law include international agreements or treaties, customary international law, and “the general principles of law recognized by civilized nations.”122 Customary international law has been defined as the “general and consistent practice of states followed by them from a sense of legal obligation.”123 States must follow customary international law, except when they have consistently objected to a 121 See infra note 166 and accompanying text. 122 Statute of the International Court of Justice art. 38, ¶ 1. Additionally, “[j]udicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.” Id. 123 RESTATEMENT (THIRD) OF THE FOREIGN RELATIONS LAW OF THE UNITED STATES § 102(2) (AM. LAW INST. 1987). particular law each time the opportunity has arisen or they expressly contract around it.124 States, however, are always bound by customs that are considered jus cogens.125 Literally meaning “compelling law,” jus cogens are “peremptory norm[s] of general international law.”126 Jus cogens are rules that are so widely “accepted and recognized by the international community of States as a whole” that derogation is not permitted.127 Examples of jus cogens include the prohibitions against genocide, slavery, and the use of force principles found in the U.N. Charter.128 124 RESTATEMENT (THIRD) OF THE FOREIGN RELATIONS LAW OF THE UNITED STATES § 102 cmt. j (AM. LAW INST. 1987); Xxxxxxx (Xxxx) X. Xxxxx, Customary International Law in the 21st Century: Old Challenges and New Debates, 21 EUR. J. INT’L L. 173, 176 (2010). 125 Vienna Convention on the Law of Treaties art. 53, opened for signature May 23, 1969, 1155 U.N.T.S. 331. 126 Id.; RESTATEMENT (THIRD) OF THE FOREIGN RELATIONS LAW OF THE UNITED STATES § 102 cmt. k (AM. LAW INST. 1987); Xxxxxx Xxxxxxx, The Concept of Jus Cogens and the Obligation under the UN Charter, 3 SANTA XXXXX X. INT’L L. 72, 73 (2005). 127 Vienna Convention on the Law of Treaties, supra note 125, art. 53. 128 RESTATEMENT (THIRD) OF THE FOREIGN RELATIONS LAW OF THE UNITED STATES § 102 n. 6 (AM. LAW INST. 1987). International organizations are obligated to respect international law, including jus xxxxxx000 and customary international law.130 In an advisory opinion, t...
