The sources of international law - Custom

5 important questions on The sources of international law - Custom

What kind of law is customary international law?

It is law which has evolved from the practice or customs of states. It is the foundation stone of the modern law of nations.


What was pointed out in the Gulf of Maine Case?

Custom is ideally suited to the development of general principles and it is always available to full the void should the detailed legal regime of a treaty fail to gain universal acceptance.

Why do treaties have a definite advantage over customary law?

Customary law is flexible and comes therefore with a certain amount of uncertainty. Also, the development is less quick than treaties.
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What are elements of customary law?

Not all acts or omissions can give rise to customary law and there are certain conditions that must be fulfilled before practice crystallises into law.


Where are elements of customary law mainly derived from?

From a series of decisions of the Permanent Court of Justice and its successor, the International Court of Justice.

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