Posted by Iliana Dres on May 16, 2003 at 02:02:25:
In Reply to: Re: Customary International Law - Persistent Objector posted by Howard S. Schiffman on February 16, 2003 at 14:24:19:
How does a region claim the development of a regional rule of customary international law in order to displace an established rule of customary international law? For example, the displacement of the rule that states have sovereign rights over their territory and that it is _they_ who determine who is allowed onto their territory and for what purpose and under what conditions. Supposing that a region developed a multilateral treaty allowing police to cross borders in pursuit of persons from another state that had committed a crime in their state. Supposing that not all states in the region were parties to this treaty, but that two of the non-member states had a bi-lateral treaty also allowing the same practice but only between themselves. And then there is one persistent objector.
Would a regional state, with nothing to do with either treaty be able to claim development of a regional custom in order to avoid any repercussion of allowing their policemen to cross another state's borders in pursuit of those who had committed a crime on their soil?
Any useful cases to support either side?
Highly unlikely I guess??