The 'Right Mix' and 'Ambiguities' in Particular Customs: A Few Remarks on the Navigational and Related Rights Case

Boschiero, Scovazzi, Pitea, Ragni (eds), International Courts and the Development of International Law. Essays in Honour of Tullio Treves, Springer, 2013, pp. 65-75.

11 Pages Posted: 22 Aug 2012 Last revised: 10 Jun 2020

See all articles by Luigi Crema

Luigi Crema

University of Milan; University of Notre Dame - Notre Dame Law School

Date Written: August 21, 2012

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.

Keywords: customary international law, particular custom, special custom, navigational and related rights, Nicaragua, Costa Rica

JEL Classification: K33

Suggested Citation

Crema, Luigi, The 'Right Mix' and 'Ambiguities' in Particular Customs: A Few Remarks on the Navigational and Related Rights Case (August 21, 2012). Boschiero, Scovazzi, Pitea, Ragni (eds), International Courts and the Development of International Law. Essays in Honour of Tullio Treves, Springer, 2013, pp. 65-75., Available at SSRN: https://ssrn.com/abstract=2133173 or http://dx.doi.org/10.2139/ssrn.2133173

Luigi Crema (Contact Author)

University of Milan ( email )

Via Festa del Perdono, 7
Milan, 20122
Italy

University of Notre Dame - Notre Dame Law School ( email )

Eck Hall of Law
Notre Dame, IN 46556
United States

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