1. Customary International Law and Whaling
... of this essay, aboriginal 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 a general acceptance of the rule, firstly by ... element was first enunciated by the Permanent Court of International Justice in the Lotus Case. Historically, the right to whale for human consumption has been a part of international customary law. Th...
- Word Count: 2621
- Approx Pages: 10
- Has Bibliography
- Grade Level: Undergraduate