North Sea Continental Shelf Cases (Federal Republic of Germany/Denmark; Federal Republic of Germany/Netherlands) [1969]

[1969] ICJ Rep 3 · International Court of Justice · International

Space Lawspace-lawSpace LawCustomary international law and sources of space law

Issue

Whether the equidistance method was a rule of customary international law.

Held

It was not; the court set out criteria for identifying customary international law.

Exam use

Summary

Whether the equidistance method was a rule of customary international law.

Facts

Issue

Whether the equidistance method was a rule of customary international law.

Held

It was not; the court set out criteria for identifying customary international law.

Ratio Decidendi

For a rule to become customary, there must be state practice and opinio juris.

Reasoning

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Reference to North Sea Continental Shelf Cases (Federal Republic of Germany/Denmark; Federal Republic of Germany/Netherlands) ([1969] ICJ Rep 3) strengthens a Space Law answer because the case reflects the principle that For a rule to become customary, there must be state practice and opinio juris. Applied to a problem question, the case should be used after identifying the issue as Whether the equidistance method was a rule of customary international law. The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.

Underlying Concepts

  • space-law
  • Space Law
  • Customary international law and sources of space law
  • case authority
  • exam application

Significance

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