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by this norm, at least over time, and consent to be bound by this aspirational principle. But it is not likely that the TPNW will evolve in the near future into even a process of customary international law, where those parties non-signatory to a particular treaty can be held accountable against that agreement. As legal observers note, customary international law can be argued
interest’. One can also take the stance that any state, even those not party to the UNCLOS, can claim standing erga omnes in the collective interest being granted beyond the UNCLOS by way of customary international law (Wolfrum, 1983 : 312–27). Should a state ultimately be able to claim legal standing before a court ‘on behalf of mankind’ and claim reparations, the allocation
). The regulations laid down in both Hague Conventions on land warfare are by now considered customary international law and are thus binding on all states, even those not parties to these Conventions at the time (Schindler and Toman 1988 : 63). The 1899 Hague Conference also resulted in the drafting of the ‘Martens Clause’, reiterated at the 1907
intervention as a right of states or as customary international law is not only that it runs the risk of making conformity to the non-interventionist provisions of the UN Charter àla carte , but that it creates a climate in which the same quality of moral imperative can readily be directed to other purposes: for establishing democracy, ushering in human rights, or—as we have now seen—eliminating weapons of