Sources of International Law
Sources of International Law
Sources of International Law
Customs
Until recent times, International law consisted for the most part of customary rules. These
rules had generally evolved after a long historical process culminating in their recognition
by the international community.
The importance of traditional customary rules was diminished as a result of the large
number of ‘law-making’ treaties concluded since the middle of the last century.
Yet according to some writers, international customs may still have a significant role to
play as a dynamic source of fresh rules of international law where the international
community undergoes change in new areas untouched by treaties, judicial decisions or the
writings of the jurists.
Term ‘custom’ & ‘usage’ are interchangeably used. There is a tech distinction b/w both.
Usage represents the twilight stage of custom. Custom begins where usage ends. Usage is
an international habit of action that has not yet received full legal attestation. Usages
maybe conflicting, customs maybe unified & self-consistent.
Customary rules crystallize from usage or practices which have evolved in approx three
sets of circumstances,
1. Diplomatic relations b/w states:
The practice of international organs, again whether by conduct/ declarations, may lead to
the development of customary rules of international law concerning their status, or their
powers & responsibilities. The international labor organization had power to regulate
internationally the conditions of labor of persons employed in agriculture.
3. State laws, decision of State courts, and
State military or administrative practices
Treaties