Based on the readings and lecture materials, respond to each of the following questions. Make certain to integrate the key terms and concepts and make references to relevant case law.
Key Terms, Cases and Concepts that are to be integrated into our answers.
Jus gentium
Jus Civile
Positivism
Six Myths of International Law
Opinio Juris
The Calvo Doctrine
The Drago Doctrine
The Groatian Model
Subject Matter Jurisdiction
Territorial Jurisdiction
North Sea Continental Shelf Cases
Brazilian Loans case
Guinea Bissau v. Senegal
South West Africa Cases
Texaco Overseas Petroleum Co. and California Asiatic Oil v. Libya
Barcelona Light and Tractor
Dow Chemical Co. v. Castro Alfaro
The Haya De La Torre (Asylum) Case
Advisory Opinion Relating to Western Sahara
The Paquette Habana Case
Guinea Bissau v. Senegal
West Rand Central Gold Mining vs. the King
Nuclear Tests Case
M. Salinoff & Co. et. al. v. Standard Oil of New York
South West Africa Cases
Texaco Overseas Petroleum Co. and California Asiatic Oil v. Libya
The Trail Smelter Case
U.S. v. Rodriguez
Advisory Opinion on Privileges and Immunities of the U.N..
1. Identify the myriad the sources of International Law. What impact do factors such as Custom, voluntarism and positivism have on consistency of state practice? In your response utilize the precedents established in The Paquette Habana, The S.S. Lotus, The Asylum Case, Portugal vs. India, Germany vs. Netherlands, Nicaragua vs. US and Texas Overseas Petroleum vs. Libyan Arab Republic. (See Bederman 3-4)
2. What is a treaty and what limitations are there to treaties with respect to the separation of powers under US law? Discuss the 1) declaratory; 2) crystallizing; and 3) the generating effects of codifying treaties. Under international Law, what are the grounds for interpretation and termination of Treaties? (Cassese 6-7)
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