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Practical Developments (Part One): Customary International Law In The Case Law Of The PCIJ And The ICJ

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Chapter Summary

The International Court of Justice (ICJ) and its predecessor, the Permanent Court of International Justice (PCIJ), have played an important role in the general process of forming of customary norms. The jurisprudence of both courts has contributed greatly to the development of international law in general, but also to the development of customary international law in particular. The Continental Shelf Case concerned a dispute between Tunisia and Libya over the delimitation of their respective continental shelf zones. In the North Sea Continental Shelf Case, the ICJ emphasised that the Geneva Convention on the Continental Shelf could provide useful evidence of the practice and legal views of states concerning the law of the continental shelf. The Court thus affirmed that United Nations General Assembly (UNGA) resolutions can express an opiniojuris and contribute to the formation of a new norm of customary international law.

Keywords: Customary International Law; International Court of Justice (ICJ); jurisprudence; North Sea Continental Shelf Case; opinio juris; Permanent Court of International Justice (PCIJ)



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