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(Time was, torture was just good police work, but no more.
Now it is universally renounced.) Not only is this customary international law, but it is a fundamental principle that cannot be limited.
The inductive reasoning that establishes the existence of custom is a tied reasoning: the matter is not only one of counting the observed regularities, but of weighing them in terms of social ends deemed desirable.
Portugal had territory within India, and India wouldnt let the Portuguese move their military and ammo back and forth to the enclaves.
India asserted the rights that England had enjoyed, and the right of passage only applied to civil activities.
Germanys coastline was concave, so the Dutch/Danish method of equidistant lines would have reduced German sea control drastically.
Not because of stare decisis, however, but because it was a well-reasoned case that countries keep pointing to as evidence of international law. The District Court dismissed the case for lack of jurisdiction. The Universal Declaration of Human Rights, one of the first acts of the UN, and arguably one of the greatest documents of all time (unanimous, abstentions from South Africa, USSR and other SSRs, Yugoslavia, and Saudi Arabia), and which has been embellished over time.
And yet, ICJ cases are cited over and over as representing international law. Under the 1789 Alien Tort Statute, under which only aliens may sue, for a tort in violation of the law of nations (international law).Libya tried to nationalize the fields and refineries, so they went to the International Arbitration Court.The court said that UN resolutions are of varying weight. But Resolution 1803 of 1962 was a clear agreement that Libya would have to compensate Texaco.Under it, states can do anything they want to agree to, unless it violates a peremptory norm.Albania, the most xenophobic country ever, with a pillbox every half mile in anticipation of an invasion that has never come, littered the Strait of Corfu with mines. Some British ships got blown up, and they also fired at British ships from shore batteries.