Quiz

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.