Customary international law

Customary international law are those aspects of international law that derive from 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.

The vast majority of the world's governments accept in principle the existence of customary international law, although there are many differing opinions as to what rules are contained in it.

Recognition of customary international law

The International Court of Justice Statute defines customary international law in Article 38(1)(b) as "evidence of a general practice accepted as law."<ref name:"ICJ Statute">"Statute of the International Court of Justice". Retrieved 30 May 2012. </ref> This is generally determined through two factors: the general practice of states and what states have accepted as law.

There are several different kinds of customary international laws recognized by states. Some customary international laws rise to the level of jus cogens through acceptance by the international community as non-derogable rights, while other customary international law may simply be followed by a small group of states. States are typically bound by customary international law regardless of whether the states have codified these laws domestically or through treaties.

International law

International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts.

Much of international law is consent-based governance. This means that a state member is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct. This is an issue of state sovereignty. However, other aspects of international law are not consent-based but still are obligatory upon state and non-state actors such as customary international law and peremptory norms (jus cogens).

Public international law

Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond domestic legal interpretation and enforcement. Public international law has increased in use and importance vastly over the twentieth century, due to the increase in global trade, environmental deterioration on a worldwide scale, awareness of human rights violations, rapid and vast increases in international transportation and a boom in global communications.

The field of study combines two main branches: the law of nations (jus gentium) and international agreements and conventions (jus inter gentes).

The Italian jurist Sir Alberico Gentili was the first to write on public international law. It is usually distinguished from "private international law", which concerns the resolution of conflict of laws. In its most general sense, international law "consists of rules and principles of general application dealing with the conduct of states and of intergovernmental organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical."

International Law (TV series)

International Law is a Canadian documentary television miniseries on international law which aired on CBC Television in 1961.

Premise

This series concerned the various aspects of international law with such examples as the International Court of Justice, the Nuremberg Trials, and external interventions in domestic conflicts. Episodes featured a panel of academic and judicial experts to discuss the issues raised.

Scheduling

This half-hour series was broadcast on Sundays at 5:30 p.m. (Eastern) from 27 August to 1 October 1961.

Episodes

References

External links