1. Customary International Law and Whaling
... subsistence whaling will not be considered as it does not come under the definition of a "national fishing fleet." The necessary test to establish international customary law is empirical rather than a normative approach. Consequently it draws the distinction between lex lata and lex ferenda. A court must establish ... bound by the moratorium. State practice In determining whether State practice has satisfied the test of an emerging rule of customary international law the International Court of Justice (ICJ) in the North Sea Continental Shelf Cases declared that special regard must be ...
- Word Count: 2621
- Approx Pages: 10
- Has Bibliography
- Grade Level: Undergraduate