Who is bound by international law and what is it? - Sources of international law - Customary international law (primary)
3 important questions on Who is bound by international law and what is it? - Sources of international law - Customary international law (primary)
What is the first condition of the two cumulative conditions for customary international law?
The first condition of customary international law is: State practice.
1. The practice could be virtually uniform(all or almost all states agree)
2. There are no rues as to how much time it takes for a custom to become customary international law.
3. Statements of states that are the most affected by the custom, carry more weight in figuring if something is customary international law.
1. The practice could be virtually uniform(all or almost all states agree)
2. There are no rues as to how much time it takes for a custom to become customary international law.
3. Statements of states that are the most affected by the custom, carry more weight in figuring if something is customary international law.
What is the second condition of the two cumulative conditions for customary international law?
Opinio iuris sive necessitas is the second condition. It means that a general recognition by states that the practice is settled enough to amount to an obligation binding on states in international law.
What is an exception when it comes to customary international law?
A custom that violates a jus cogens or peremptory norm does not apply and can never become customary international law.
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