Access scientific knowledge from anywhere. - Opinio juris (subjective element) o The fact that uniform and consistent practice is … In the present case, it needs to be observed that whatever the details of the negotiations carried on in 1965 and 1966, they failed of their purpose because the Kingdoms of Denmark and the Netherlands, convinced that the equidistance principle alone was applicable, in consequence of a rule binding upon the Federal Republic, saw no reason to depart from that rule; and equally, given the geographical considerations stated in the last sentence of paragraph 7 above, the Federal Republic could not accept the situation resulting from the application of that rule. These matters however, all relate to or are consequential upon principles or rules of general maritime law, very considerably ante-dating the Convention, and not directly connected with but only incidental to continental shelf rights as such. 100. The Court has toindicate to the Parties the principles and rules of law in the light of which the methods foreventually effecting the delimitation will have to be chosen. In putting forward these contentions, it was stressed on behalf of the Federal Republic that the claim for a just and equitable share did not in any way involve asking the Court to give a decision ex aequo et bono (which, having regard to the terms of paragraph 2 of Article 38 of the Court's Statute, would not be possible without the consent of the Parties),-for the principle of the just and equitable share was one of the recognized general principles of law which, by virtue of paragraph 1 (c) of the same Article, the Court was entitled to apply as a matter of the justitia distributiva which entered into all legal systems. In North Sea Continental Shelf the ICJ explained that there are actually two types of customary international law. The appurtenance of the shelf to the countries in front of whose coastlines it lies, is therefore a fact,and it can be useful to consider the geology of that shelf in order to find out whether the direction taken by certain configurational features should influence delimitation because, in certain localities, they point-up the whole notion of the appurtenance of the continental shelf to the State whose territory it does in fact prolong. In balancing the factors in question it would appear that various aspects must be taken into account. It will be observed that neither of the lines in question, taken by itself, would produce this effect, but only both of them together-an element regarded by Denmark and the Netherlands as irrelevant to what they viewed as being two separate and self-contained delimitations, each of which should be carried out without reference to the other. Implementing Responsibility for Breaches of Fundamental Interest Obligations, international law, they are important precisely because the options for institutionalised, rules as much as on general concepts like that of obligations. Given that opinio juris is not easy to measure or monitor accurately, it is difficult for states to give informed consent. But that is not here the issue. Round its shores are situated, on its eastern side and starting from the north, Norway, Denmark, the Federal Republic of Germany,the Netherlands, Belgium and France; while the whole western side is taken up by Great Britain,together with the island groups of the Orkneys and Shetlands. In most instances. From this it will be seen that the continental shelf of the Federal Republic is situated between those of Denmark and the Netherlands. diritto internazionale (2009): 618 ff. Customary international law is, evidently, a troublesome issue for the rule of law. The paper assesses the impact of two key concepts - erga omnes and jus cogens - on the law of responsibility. 91 Rivista di diritto internazionale (2008): 1223 ff. For an analysis of the case, see A. Ciampi, 'The Italian Court of Cassation Asserts Civil Jurisdiction over Germany in a Criminal Case Relating to the Second World War (The Civitella Case), It was however contended on behalf of Denmark and the Netherlands that the right of reservation given in respect of Article 6 was not intended to be an unfettered right, and that in particular it does not extend to effecting a total exclusion of the equidistance principle of delimitation,-for, so it was claimed, delimitation on the basis of that principle is implicit in Articles 1 and 2 of the Convention, in respect of which no reservations are permitted. Ibid., Judgment of 3 February 2012, at para. 86. 92. The doctrine of the continental shelf is a recent instance of encroachment on maritime expanses which, during the greater part of history, appertained to no-one. 13. What should worry proponents of the rule of law, though, is the poor quality of this continued consent. This argument has in effect already been dealt with. Instead the states have done the opposite – close to 2/3 of UN members  have ratified the VCLT – and, ironically, the ICJ has deemed the VCLT itself to contain opinio juris and as such binding on all states (Costa Rica v. Nicaragua).28.