Sources of international law - Custom as a source of international law - Introduction
8 important questions on Sources of international law - Custom as a source of international law - Introduction
International customary law arises when a particular way of behaving is: (2 things)?
2) when behaviour is accepted by those states as legally binding. (subjective element)
What happens when there is a conflict between a treaty and customary international law?
Due to which two criteria can international customary law arise?
- State practice; A particular way of behaving is followed as a general practice among states
- Opinio juris; and accepted by those as legally binding
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The objective element: state practice. This becomes legally binding when:
Acts of state are everything psychical like military operations or anything verbal like diplomatic statements or press releases.
What does the element consistency contain?
What is meant with the element of duration?
Explain the element generality of state practice.
The subjective requirement is called opinio juris, what does it mean?
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