Law 2101 Quiz: Customary Law
Document Summary
Moral system, principle of universality: these rules could not be restricted to certain groups. Influenced general principles of law, human rights law and humanitarian law. Derived from empirical method, logical reasoning on practical matters. Underlined supreme power of sovereignty, reflection of european values. Idea that laws were basically commands issuing from a sovereign body, ethics or morality were irrelevant. Agreements are to be carried out according to consent (state is not bound to what it does not agree to be bound). Pacta sunt servanta, agreements must be carried out. Described in art 38 icj: treaties, customs, general principles, judicional decisions and writings of highly qualified scholars. Does not express consent but express consensus. To differentiate legal custom from mere social usage: opinio juris sive necessitatis. State practice: needs duration, consistency, repetition and generality. Evidence of state practice: legislation, administrative acts, decisions of courts, treaty making,
