Who Is A Persistent Objector?

The basis of a persistent objector, in academic literature, appears to be that the objecting state claims an exemption from a potential and actual rule. In the Fisheries case Norway did not claim such an exemption. Norway was clear that it was not claiming an exception to the rule (i.e. that its practice was not contrary to international law) but rather it claimed that its practice was in conformity with international law. Some argue that the notion of a persistent objector is a figment of the imagination of international lawyers. Curtis quotes Stein in stating that the latter’s research “failed to turn up any case where an author provided even one instance of a state claiming or granting an exemption from a rule on the basis of the persistent objector principle – excepting of course the Asylum and Fisheries cases themselves.” The objection must be expressed – either verbally or as contrary practice. There is no rule that States have to take physical action to preserve their rights