Customary international law definition

Customary international law means those rules of international law that derive from and reflect a general practice accepted as law;
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Customary international law means the “general practice of states which is accepted and observed as law, i.e. from a sense of legal obligation.” T Meron, Human Rights and Humanitarian Norm as Customary Law (Oxford: Clarendon Press, 1989) at 3.
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Customary international law is law that results from evidence of general and consistent practice of States when acting out of a sense of legal Obligation. The burden to establish the existence and applicability of a binding obligation under customary international law that meets the requirements of State practice and opinio juris is always on the claimant. Once a rule of customary international law has been established, a claimant must show that the Contracting Party has engaged in conduct that violated that binding obligation. 1. The most-favoured nation (MFN) and national treatment provisions under Article 4 are designed to protect against illegitimate and intentional discrimination against an investment, or investor with respect to its investment, on the basis of nationality. 2. a) The Contracting Parties further affirm that the MFN obligation is not intended to alter the Agreement's substantive content by, for example, permitting piecemeal incorporation of and reliance on provisions found in other treaties, investment or otherwise;
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Examples of Customary international law in a sentence

  • Customary international law results from a general and consistent practice of States that they follow from a sense of legal obligation.

  • Customary international law requires the ECT to be “interpreted in good faith, in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.” Vienna Convention on the Law of Treaties art.

  • Customary international law protects the rights to life, security of the person, and health.

  • Customary international law applies generally to States regardless of whether they have ratified relevant treaties.

  • Customary international law, on the other hand, seems to be unintentional, undirected and unwilled human activity, which cannot be described as an ‘act of will’.116 It will have become clear throughout this article that Kelsen postulates that ‘positivity’ means that a norm is the ‘Sinn eines Willensaktes’.117 This has led a number of scholars to criticize him, especially with regard to customary law.

  • Customary international law does not preclude host states from expropriating foreign investments provided certain conditions are met.

  • This duty is namely laid out in the 1948 Genocide Convention, which requires prosecution and effective penalties for the crime of genocide.55 The four Geneva Conventions oblige the High Contracting Parties to prosecute grave breaches of the Conventions and to enact effective penal sanctions.56 Customary international law also requires the investigation and prosecution of war crimes.57The duty to prosecute does not extinguish prosecutorial discretion entirely.

  • The initial data hinted that the value of productivity gain may revert from a negative value computed in the last review to a positive value.

  • Customary international law develops from an interactive process in which different actors make and respond to one another’s legal claims.87 These actors might persistently advance conflicting claims, in which case the law remains unsettled, or they might converge around the same claim and create custom.

  • Customary international law, after all, is simply the “general and consistent practice of states followed by them from a sense of legal obligation.”4 Restatement (Third) of the Foreign Relations Law of the United States § 102(2) (Am. L.

Related to Customary international law

  • International air transportation means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.

  • international application means an application filed under this Treaty;

  • international voyage means a voyage from a country to which the present Convention applies to a port outside such country, or conversely.

  • International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

  • International airport means an airport:

  • the International Bureau means the International Bureau of the World Intellectual Property Organization.

  • International Student means a student holding a student visa for the purpose of obtaining an education in Australia and includes a student on a study abroad or international exchange program;

  • International Bureau means the International Bureau of the World Intellectual Property Organization;

  • international flight means all flights other than Domestic Flights.

  • Applicable Insurance Regulatory Authority means, when used with respect to any Insurance Subsidiary, the insurance department or similar administrative authority or agency located in (x) the state or other jurisdiction in which such Insurance Subsidiary is domiciled or (y) to the extent asserting regulatory jurisdiction over such Insurance Subsidiary, the insurance department, authority or agency in each state or other jurisdiction in which such Insurance Subsidiary is licensed, and shall include any Federal insurance regulatory department, authority or agency that may be created in the future and that asserts regulatory jurisdiction over such Insurance Subsidiary.

  • international carriage means any carriage in which, according to the contract of carriage, the place of departure and the place of destination are situated in two different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State;

  • Regulated Insurance Company means any Subsidiary of the Borrower, whether now owned or hereafter acquired, that is authorized or admitted to carry on or transact Insurance Business in any jurisdiction and is regulated by any Applicable Insurance Regulatory Authority.

  • International banking institution means an international financial institution of which the United States is a member and whose securities are exempt from registration under the Securities Act of 1933.

  • International Financial Institution means any bank in the top 1,000 (together with their affiliated companies) as measured by "Tier 1" capital or any broker/dealer in the top 100 as measured by capital.

  • international agreement means the Multilateral Convention for Mutual Administrative Assistance in Tax Matters, any bilateral or multilateral Tax Convention, or any Tax Information Exchange Agreement to which the Member State is a party, and that by its terms provides legal authority for the exchange of tax information between jurisdictions, including automatic exchange of such information.

  • Foster care placement means placement of a child through (i) an agreement between the parents or

  • National Ambient Air Quality Standards or “NAAQS” means national ambient air quality standards that are promulgated pursuant to Section 109 of the Act, 42 U.S.C. § 7409.

  • Malta means the Island of Malta, the Island of Gozo and the other islands of the Maltese Archipelago, including the territorial waters thereof;

  • commercial air transport means an aircraft operation involving the transport of passengers, cargo, or mail for remuneration or hire.

  • International Financial Reporting Standards or “IFRS” means the accounting standards issued or endorsed by the International Accounting Standards Board.

  • International Plan means any Employee Plan that is not a US Plan.

  • International means a telecommunications service that originates or terminates in the United States and terminates or originates outside the United States, respectively. United States includes the District of Columbia or a U.S. territory or possession.

  • Special mobile equipment means a vehicle not designed for the transportation of persons or

  • emissions of substances not controlled by emission limits means emissions of substances to air, water or land from the activities, either from the emission points specified in schedule 3 or from other localised or diffuse sources, which are not controlled by an emission limit.

  • Safety Management System means a systematic approach to managing safety, including the necessary organisational structures, accountabilities, policies and procedures;

  • Regulations of the U.S. Department of Transportation means the regulations in 49 CFR Parts 100-189.