INTL 1100 Lecture Notes - Lecture 12: Jus Ad Bellum, Hugo Grotius, Legal Positivism
6 Apr 2017
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Something that has existed in various forms: but there are a few things that are common through history. Deals with rights and duties of laws: states have rights and responsibilities but there is nothing above a state to enforce it. There is no global legislature, executive, or judiciary making: states can ignore international court of justice (judiciary) Historically most important source: based on day to day actions with states- thats why it is so important. Started with roman tradition of jus gentium . Established and repeated practice over lengthy periods of time until it is widely accepted: most important point- you can claim to be formally following customary international law, and still object to other laws. You cannot build islands and claim them as your own country- china will object to this at the beginning and will continue to object it, but can still be following customary international law.
