Flashcards Studio

From 2005 to 2020, a large majority of UN member states began to intercept and inspect vessels on the high seas suspected of illegal fishing, without any treaty. They publish annual guidelines, publish statistics showing boarding operations, and publicly state that such inspections are required by customary international law. The practice becomes widespread; by 2020, the Philippines has neither joined the practice nor publicly objected. In 2021, a Philippine court handling a case of suspected illegal fishing considers applying this practice as customary international law. (a) Identify the central doctrine at issue and its two elemental requirements. (b) Explain the role of opinio juris and general practice, and the effect of persistent objector. (c) Apply the facts: does the described practice suffice to create a binding customary international norm on the Philippines? If not, what factors would make it binding? Suppose the Philippines, in 2023, begins to practice similar inspections; does this retroactively affect the status of the norm?