Part 1: North Sea Questions
(3) What was the legal issue in the North Sea case and how do we know?
(3) There is a reservation clause in the Geneva Convention on the Continental Shelf that we looked at.
Why do you think— (what did the I.C.J. say concerning why) — there was a possibility for a nation to
reserve against articles 4 to 11 but not against 1 to 3?
(4) Find a paragraph in the North Sea judgment that deals with the requirement of all nations to both
sign and ratify treaties in order to become parties. What argument of Holland and Denmark did the
I.C.J. reject?
(5) In the North Sea Case, Holland and Demark raise the issue of subsequent crystallization of the
equidistance principle. What does subsequent crystallization mean? What paragraphs of the judgment
consider this issue? Why could the many examples of division of the North Sea continental shelf
according to the equidistant principle provided by Holland and Denmark not be counted as state
practice by the court?
Part 2: Texaco Questions
(4) In the Texaco case, what was the choice of law? Compare this to the choice of forum clause in the
Bremen case. To what extent might the choice of forum in Bremen really be related to choice of law?
(5) In the Texaco case the arbitrator considers UN resolutions. Which resolution does he believe to be
evidence of custom? Why does he find that the other two UN resolutions are not evidence of custom?
Do we get a general rule from him concerning when we can use UN Resolutions as evidence of either
opinion juris or state practice?
(3) What was Libya’s argument in this case? Why did it believe it had the right under international law to
seize its resources back?
Part 3: The Relationship between municipal and international law.
(3) In the Mortensen case – what is the argument of the defendant? Why should the ship not be subject
to British law?
OR
In Mortensen there is the use of the word, ultra vires, in the judgment. In what
context does this come up?
(5) What was the customary rule of international law enunciated in the Paquette Habana case? What
was the proof (pick 3 pieces or examples) for the existence of this custom? What will the owners of the
ships receive from the court?
(5) How did Cook win before the Supreme Court? After all, the ship was seized within 12 miles
according to the provisions of the Tariff Act of 1922. The ship had liquor on board that was not listed
properly in the manifest.
Part 4: General Questions
(3) What is the difference between a sanction and a reprisal? Provide an example of each from the
textbook or newspapers.
(4) Provide two or three examples of why a scholar might label international law to be a “primitive”
legal system? What are its gaps or weaknesses?
