SMU Scholar (Southern Methodist University) · 2001 · 10 citations · 0 references
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LawInternational LawPublic LawInternational Air LawInternational OrganizationsPublic International LawChicago ConventionCustomary International LawCustomary LawLaw Of TreatiesSources Of International LawSovereign ImmunityCustomary International Law On ImmunityInternational Customary LawState Aircraft ImmunityStatus Of Military Aircraft
The effect of repudiation of Article 80 is limited to the norms contained within these treaties which, at the time, had not been elevated to customary international law.Norms contained within these conventions, which had been universally accepted as customary norms, have an independent existence to these treaties and survive the effect of Article 80.We argue that the norms that applied sovereign immunity and extraterritoriality to State aircraft are norms which, in fact, had reached the level of customary law and survived the effects of Article 80.Although the content of the customary norm and the treaty norm can be identical, the customary and treaty norms, nonetheless, retain a separate existence.For the evolution of this concept, see North Sea Continental Shelf (F.