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Interpretation Principles of Jus Cogens Principles as Public Order in International Practice
2010
unpublished
What is happening if the custom is founded on the coincidence of interests, or even worse, on error? If we rapport specific problems of international customary law to the principles of judicial interpretation it results that a common error (including opinio juris) does not disturb the process of legality proper to the principle error communis facit jus. According to the principle of equity, a common error operates only if the victim's interests are not affected in an irreparable manner. In this
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