Does state behavior contrary to a rule of customary international law undermine the existence of that rule?

Essay , 2020 , 13 Pages

Law - European and International Law, Intellectual Properties

The purpose of this essay is to assess the impact of the behaviour of a State, which contrary to a rule of customary international law, on the existence of rule of customary international law, in terms of whether it undermines the existence of that rule or strengthens it. To be able to do this, it is expedient that the following issues are addressed: What is Customary International Law? What are rules of customary international law? Contrary state behavior.

Customary International Law is one of the major sources of International law and is described in Article 38(1)(b) of the Statute of the International Court of Justice, 1946, as "general practice accepted as law." According to the Legal Information Institute of the Cornell Law School, "Customary international law refers to international obligations arising from established international practices, as opposed to obligations arising from formal written conventions and treaties. Customary international law results from a general and consistent practice of states that they follow from a sense of legal obligation." It was also defined by Judge Read in Fisheries (UK v Norway) (1951), as the generalization of the practice of States.

TABLE OF CONTENT

1.0 INTRODUCTION
1.1 Purpose of Essay

2.0 WHAT IS CUSTOMARY INTERNATIONAL LAW
2.1 Elements of Customary International Law
2.2 The Traditional and Modern Approach

3.0 RULES OF CUSTOMARY INTERNATIONAL LAW

4.0 CONTRARY STATE ACTIONS
4.1 Evidence of Acquiescence
4.2 Contrary conduct proves the existence of Customary International Law
4.3 Contrary conduct gives rise to new rules of Customary International Law
4.4 Contrary conduct pleaded as an exception proves the existence of Customary International Law
4.5 Contrary State Conduct v. Jus Cogens (Peremptory Norms)

5.0 CONCLUSION

• Author: Ogochukwu C. Nweke (Author)
• Publication Year: 2020
• Pages: 13
• Catalog Number: V981488
• ISBN (eBook): 9783346336972
• ISBN (Book): 9783346336989
• Language: English
• Tags: Law, International Law, International Customary Law, Treaties, Sources of International Law