Asked in International Law for Ohio

Q: what are rules of international customary law

Elements of customary law

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1 Lawyer Answer
Matthew Williams
Matthew Williams
  • Cleveland, OH
  • Licensed in Ohio

A: There are entire books written on this subject. The basic idea is to analyze historical state practice and those things that states have adopted in their own laws to determine whether a custom of following a certain practice due to moral considerations exists. If a legal custom exists, it may be enforced in the international community as law. A custom can exist world wide or within a group of states. If a custom becomes widespread, it may be deemed binding on all states, even those who had not previously adhered to the custom. There are fewer and fewer pure examples of customary law as much of it has been codified in international treaties such as UNCLOS, and the Hague and Geneva conventions.

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