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Questions and Answers
What are the two elements of customary international law?
Which of the following is not listed by the International Law Commission as a form of evidence of customary international law?
What is jus cogens?
What is the significance of the recognition of customary international law by the International Court of Justice?
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What is the difference between customary international law and international treaties?
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What is the existence of bilateral customary law?
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What are some examples of customary international law?
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When will parties that have not ratified a treaty be bound to observe its provisions?
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What did the United Nations Security Council do in 1993 regarding the Geneva conventions?
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Study Notes
Customary International Law: Key Points
- Customary international law is an aspect of international law involving the principle of custom.
- Customary international law has two elements: sufficient state practice and opinio juris.
- The International Law Commission listed the following sources as forms of evidence of customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations.
- Jus cogens is a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation is ever permitted.
- Some international customary laws have been codified through treaties and domestic laws, while others are recognized only as customary law.
- Generally, sovereign nations must consent in order to be bound by a particular treaty or legal norm. However, international customary laws are norms that have become pervasive enough internationally that countries need not consent in order to be bound.
- The Statute of the International Court of Justice acknowledges the existence of customary international law in Article 38(1)(b).
- The two essential elements of customary international law are state practice and opinio juris.
- The existence of bilateral customary law was recognized by the International Court of Justice.
- Other examples accepted or claimed as customary international law include immunity of visiting foreign heads of state and the principle of non-refoulement.
- The United Nations Security Council in 1993 adopted Geneva conventions as customary international law.
- Parties which have not ratified said treaty will be bound to observe its provisions in good faith.
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Description
Test your knowledge of Customary International Law with this informative quiz! From the essential elements of state practice and opinio juris to the sources of evidence for customary international law, this quiz covers it all. Discover the fundamental principles of Jus cogens and learn about the recognition and codification of international customary laws. Don't miss the chance to challenge your understanding of this important aspect of international law. Take the quiz now!
