ENG ELC 220 Lecture 26:
30 Sep 2020
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Task 8: diplomatic immunity (scope and extent) If rafique bound by vienna convention: which actions can british authorities take, apply to the case at hand, chapter 6. No, unilateral statements: hierarchy: no, 1 and 2 of icj statute, horizontal nature. But norms, 1. ) erga omnes (just cogens exception)- art 53 vcdr + article 25 (applicable to un resolutions) and 103 chapter (un) lockerbie case (un resolution over treaty) para. 42: conflict in hierarchy: 1. ) erga omnes, 2. ) jus cogens, 3. ) General assembly resolutions are not binding (article 10 un chapter), except internal decision (art. 1 budget,18) unless a treaty is created or it develops/reflects customary law not a source a law, but it is still binding: security council resolutions: binding (25) e. g. demands, decides, urges . Case: vast majority of states + primarily states concerned) p. 71-74(very important, 75 and 77: asylum case: you can have regional customary law.
