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The Persistent Objector Rule in International Law by Green, James A (1st March 2016)

Part I The Origin and Legal Source of the Persistent Objector Rule, 2 The Persistent Objector Rule in Case Law and State Practice Post-1945

From: The Persistent Objector Rule in International Law

James A. Green

Subject(s):
Since World War II — Choice of law — Conflict of laws — Customary international law — General principles of international law — Sources of international law

This chapter continues to assess the legal status of the persistent objector rule by examining its basis in post-1945 case law and post-1945 state practice and opinio juris. The support for the existence of the persistent objector rule in the academic world, while being relavant to, and perhaps indicative of, the emergence of the rule, cannot be viewed as enough to constitute the rule as a matter of international law in itself. Investigation in this chapter reveals a relatively small but cumulatively convincing degree of support for the persistent objector rule. Further investigation into this body of practice will allow for the analyse of the mechanics of the rule: it is one thing to conclude that it exists, but how does it function?

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