Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law.
Many governments accept in principle the existence of customary international law, although there are differing opinions as to what rules are contained in it. A rule becomes customary international if two requirements are met: (1) There is a state practice that "appears to be sufficiently widespread, representative as well as consistent" showing that a significant number of states have used and relied on the rule in question and the concept has not been rejected by a significant number of states,[1][2] (2) states were motivated by a belief that they were legally compelled to accept the legitimacy of the rule in question because customary international law obligated them to do so (opinio juris).[1]
In 1950, the International Law Commission listed the following sources as forms of evidence of customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations.[3][4] In 2018, the Commission adopted Conclusions on Identification of Customary International Law with commentaries.[5] The United Nations General Assembly welcomed the Conclusions and encouraged their widest possible dissemination.[6]
^ abWood, Michael C. (2014-05-22). "Second report on identification of customary international law by Michael Wood, Special Rapporteur". UN. Retrieved 2023-12-13.
^"Customary International Law – International Law". USLegal. Retrieved 2023-12-11.
^See Evidence of State practice Archived 2008-12-26 at the Wayback Machine.
^Merkouris, Panos (2022), Kammerhofer, Jörg; Arajärvi, Noora; Merkouris, Panos (eds.), "Interpreting Customary International Law: You'll Never Walk Alone", The Theory, Practice, and Interpretation of Customary International Law, Cambridge University Press, pp. 347–369, doi:10.1017/9781009025416.017, ISBN 978-1-316-51689-8
^Report of the International Law Commission. Seventieth session (30 April-1 June and 2 July-10 August 2018). A/73/10. New York: United Nations. 2018. pp. 12–116.
^Resolution adopted by the General Assembly. Identification of customary international law. A/RES/73/203. United Nations. 2018-12-20. Retrieved 2020-01-27.
and 27 Related for: Customary international law information
Customaryinternationallaw is an aspect of internationallaw involving the principle of custom. Along with general principles of law and treaties, custom...
of "what has always been done and accepted by law". Customarylaw (also, consuetudinary or unofficial law) exists where: a certain legal practice is observed...
Customaryinternational humanitarian law is a body of unwritten rules of public internationallaw, which govern conduct during armed conflict. Customary...
similar to the replacement of customary or common law by codified law in municipal legal settings, but customaryinternationallaw continues to play a significant...
have recognized parts of the VCLT as a restatement of customaryinternationallaw. In treaty law, the VCLT is the authority for resolving disputes about...
codification of customaryinternationallaw of the sea, and is sometimes regarded as the "constitution of the oceans". Law of the sea is the public law counterpart...
Seventh International Conference of American States. The Convention codifies the declarative theory of statehood as accepted as part of customary international...
African customarylaw refers to a usually uncodified legal system developed and practised by the indigenous communities of South Africa. Customarylaw has...
to the continuing importance of customarylaw as articulated by the Martens Clause. Such customaryinternationallaw is established by the general practice...
domestic laws. The act of ratifying an international treaty immediately incorporates the law into national law; and customaryinternationallaw is treated...
Grotius, the concept of consent is an element of customaryinternationallaw. Customaryinternationallaw is essentially what states actually do (state practice)...
by both customaryinternationallaw and by treaty law. The UN Charter reads in article 2(4): All members shall refrain in their international relations...
accepted principle of customaryinternationallaw and is recognised between countries as a matter of practicality. Diplomatic law is often strictly adhered...
legal scholar Miles Jackson, apartheid is also prohibited in customaryinternationallaw although there is still debate as to whether it is criminalized...
Internationallaw (also known as public internationallaw and the law of nations) is the set of rules, norms, and standards generally recognized as binding...
between the parties that have agreed to them; and customaryinternationallaw. Other international human rights instruments, while not legally binding...
International Committee of the Red Cross's customary internationallaw study, customaryinternationallaw now prohibits their use in any armed conflicts. This...
becomes customarylaw is not clear cut and many arguments are put forward by states not wishing to be bound. Examples of customaryinternationallaw relevant...
authoritative effort to codify customaryinternationallaw. The ILC produced the Conclusions on Identification of CustomaryInternationalLaw (ILC Conclusions), which...
prescriptive. In internationallaw, hard law includes self-executing treaties or international agreements, as well as customarylaws. These instruments...
conference at The Hague, but no agreements resulted. Using the customaryinternational-law principle of a nation's right to protect its natural resources...
part of customaryinternationallaw, there is also a consensus that many of its provisions are binding and have passed into customary social law, although...
recognized as legal" according to customaryinternationallaw and defined by "Declaration on Principles of InternationalLaw concerning Friendly Relations...