Question

Eassy type question. Explain the sources of international law and discuss the required elements for practice to become part of customary international law.

Answer 1

Treaty law- Treaties and Conventions are written agreements that states willingly sign and ratify and as such are obliged to follow. Such agreements, which are also called statutes or protocols, govern the mutual relations between states. They are, however, only binding on those states that have signed and also ratified the particular treaty

Customary international law- Customary international law consists of laws deriving from "a general procedure that is recognised as law." Both the written or unwritten laws that are part of the general international definition of justice are composed of customary international law. Customary law is binding on all nations, regardless of whether they have signed a convention, unlike treaty law, which is only applicable to those nations that are party to a specific arrangement.

The features of customary international law include:

The frequent replication over time by States of related foreign acts (State practise); the obligation that acts should come out of a sense of responsibility (opinio juris); and that acts should be accepted by a significant number of States and not vetoed by a significant number of States.