APPROACH OF THE INTERNATIONAL COURT IN DETERMINING THE EXISTENCE OF CUSTOMARY INTERNATIONAL LAW: COMPARISON & ANALYSIS
AUTHOR – DEVIKA RAJ, SYMBIOSIS LAW SCHOOL NAGPUR
BEST CITATION – DEVIKA RAJ, APPROACH OF THE INTERNATIONAL COURT IN DETERMINING THE EXISTENCE OF CUSTOMARY INTERNATIONAL LAW: COMPARISON & ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 994-998, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
“Customary International Law is one of the most venerable sources of law. Certain behaviors and practices amongst the state have taken the aegis of time and have been formed as an integral facet of International Law which upon a time-to-time basis seeks the express validation of the International Court of Justice. The consistent comportment of the states has formed and gained the sanctity of law. In this manuscript, We will compare and analyze the approach of the International Court in determining the existence of Customary International Law in certain cases. The customs over time become legal obligations and are not explicitly written under conventions and treaties but preached as a matter of practice. [1] Custom is the method to create legally binding rules ever since the commencement of the international community. The implied consent of the states is present in the scenario of Customary International Law. There is also a lack of aptness and they cannot be regarded to have ceased to exist if they transformed into treaty rules. They pose an important source of International law and are deemed to be an idiosyncratic transaction of practices between two states.” [2]
KEYWORDS : Equidistance, Questionability, Jurisdiction, Judgement, Customary International Law
[1] Cornell Law School Legal Information Institute https://www.law.cornell.edu/wex/customary_international_law#:~:text=Customary%20international%20law%20results%20from,for%20visiting%20heads%20of%20state. (12-03-2024)
[2] H.O AGARWAL , INTERNATIONAL LAW & HUMAN RIGHTS, (26,27) (CENTRAL LAW PUBLICATIONS 2021)