14 Questions
What are the two fundamental elements of custom in international law?
Actual practice and acceptance
Which elements are relevant in determining whether a practice may form the basis of a binding international custom?
Duration, consistency, and repetition
What does customary law refer to in international law?
Legal obligations arising between states
What can cause customs to change in international law?
Acceptance or rejection by states
What are some principles of customary law that have achieved the force of imperative norms considered to be?
Norms that cannot be violated or altered
What is considered to be the source of international law referred to as 'international custom' according to the ICJ’s statute?
A general practice accepted as law
What distinguishes customary international law from treaty law?
Customary law is based on universal acceptance, while treaty law consists of explicit agreements between nations.
What must be shown to establish the structure of a customary law?
One behavioral element and one psychological element
Which legal system is based on the economic, political, and social policies of the state?
Commercial legal system in Marxist-socialist economies
What practice do international tribunals regard local law as being?
Mere fact
How is customary international law received in most countries?
In accordance with the doctrine of incorporation
What principle governs reception rules for treaties?
Constitutional structure of the ratifying state and nature of the treaty
What must a court determine in order to treat a particular rule of international law as applicable in a case?
Whether the rule has been received into local jurisprudence
What are the bases for the majority of the legal systems in the world?
Common law, civil or code law, Islamic law, and commercial legal system
This presentation covers the concept of international custom as a source of international law, as outlined in the ICJ’s statute. It explains the fundamental elements of custom, including the actual practice of states and their acceptance of that practice as law.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
