Customary International Law Customs - 1437 Words

CUSTOMARY INTERNATIONAL LAW Customs in international law can generally be defined as rules developed by the practice of states, which rules the states concerned follow because they believe there is a rule of law requiring them to behave as such. Rebecca Wallace (1997) defines it as â€Å"a practice followed by those concerned because they feel legally obliged to behave in such a way† (p. 172). Thus, for there to exist a rule of customary international law, there must be a practice that is followed by the generality of states in the belief that there is a rule of law requiring such practice. It is important to distinguish custom from other rules that states may follow not out of any feeling of a legal obligation, such as behavior undertaken out of courtesy, friendship or convenience. The difference between customs and these other norms is the fact that custom is derived from two elements: (a) a material element (state practice) and (b) a psychological element (opinio juris). The material element is derive d from the practice and behavior of states whereas the psychological element is the subjective conviction held by states that the behavior is question is necessitated by a rule of law and not discretionary (Villiger, 1985). State practice includes any act, articulation or other behavior of a state that discloses the state’s conscious attitude with respect to its recognition of a rule of customary international law. The International Law Commission (ILC) in 1950 listed theShow MoreRelatedState X And The Outer Space Treaty1507 Words   |  7 Pagesdeemed Jus Cogens or International Customary Laws. As a result of this, through State X’s actions of claiming the territory as part of its own, State X is violating the treaty and State Y is making a request to the international court to declare State X’s claim of the moon as invalid or void. State X has refuted this claim by arguing that since it was not to the Outer Space Treaty of 1967, it is not under any obligations to adhere to it nor is there any international law claiming that its acquisitionRead MoreIs The Ultimate Crime Someone Can Commit?2438 Words   |  10 Pagesof individual security. As a student, these fears most likely consist of physical safety such as being robbed, so an easy fix is just to not walk home alone and be more aware of the environment. If more support is needed, there are campus security, law enforcement officers, and many other resources to turn to for help. Now let’s escalate the situation and imagine a world where we fear not just losing monetary belongings, but we fear for losing our lives and there is no one to turn to for help. TheRead MorePublic International Law Is Formed By Sovereign States1463 Words   |  6 PagesPublic International law is formed by sovereign states, for sovereign states and governed by the notion of con sent. The international Court of Justice under the statute of Article 38, states that when disputes are presented they shall apply International Conventions (also known as treaties), international customs and general principals of law and it shall draw on judicial decisions and the teachings and writings of highly qualified publicists in determining rules of law . The domain of the sourcesRead MoreThe Sources Of International Law1060 Words   |  5 PagesThe sources of international law are laid down in the Statute of the International Court of Justice Art.38 and include: â€Å"1. 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