Customary international law can be general or particular. In the Navigational and Related Rights case, handed down in 2009, the International Court of Justice decided that a bilateral custom had arisen between Nicaragua and Costa Rica concerning the right to fish of the inhabitants of the two banks for subsistence purposes. The way the Court established such a right raises certain questions about the nature of custom, the process to assess it, the subjects considered, and the standard necessary to prove it.
The "Right Mix" and "Ambiguities" in Particular Customs: A Few Remarks on the Navigational and Related Rights Case / L. Crema - In: International Courts and the Development of International Law. Essays in Honour of Tullio Treves / [a cura di] N. Boschiero, T. Scovazzi, C. Pitea, C. Ragni. - [s.l] : Springer, 2013. - ISBN 9789067048934. - pp. 65-76
The "Right Mix" and "Ambiguities" in Particular Customs: A Few Remarks on the Navigational and Related Rights Case
L. CremaPrimo
2013
Abstract
Customary international law can be general or particular. In the Navigational and Related Rights case, handed down in 2009, the International Court of Justice decided that a bilateral custom had arisen between Nicaragua and Costa Rica concerning the right to fish of the inhabitants of the two banks for subsistence purposes. The way the Court established such a right raises certain questions about the nature of custom, the process to assess it, the subjects considered, and the standard necessary to prove it.
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