Part II The Criteria for the Operation of the Persistent Objector Rule, 3 The Objection Criterion

Subject(s):

History of international law — Choice of law — Conflict of laws — Customary international law — General principles of international law — Sources of international law

The second part of this book turns towards the way in which the persistent objector rule functions and the various criteria for its operation. This chapter begins with an analsys of waht constitutes ‘objection’ for the purpose of the rule. The chapter looks at the meaning of ‘objection’ in relation to the operation of the rule. It begins by noting that only states can be persistent objectors. It looks at what exactly an objector state must be objecting. The chapter then highlights the usual strategy of states in objecting not to the individual applicability of the emerging norm to them but to the very existence of the emerging norm itself. It also examines the need for objection to be communicated and openly expressed. Finally, it assesses the necessary form of objection.