ADJUS-121 Lecture 28: Adjus-121 - Lecture 28
26 Oct 2020
School
Department
Course
Professor
Document Summary
In order to prove practice, must show: general and widespread nature of the practice; and, uniformity of practice. Courts will also take into account time and duration of the practice (how long states have been following that practice) State practice: how to prove general and widespread? . Look at the number of distribution of states follow the relevant practice. The international court of justice (icj) rules on this in the north sea continental shelf case (germany: denmark), note: courts had to figure out whether this was a a case of customary international law. When assessing the extent of state practice, the icj counted the number of countries which had delimited their continental shelves: counted the places in which had a land lock state and location, and a coastal location. So suggested that the practice of some states (those with coasts) counted more than non-existent practice of land-locked states.
