What is known as the doctrine of international law of sources refers that the two means in making international law the first being international agreements i.e. treaties and the second state practices accepted as law i.e. “Federal regulations, Federal court decisions, testimony and statements before Congressional and international bodies, diplomatic notes, correspondence, speeches, press conference statements, and even internal memoranda” (Janis 50). This was expanded upon by article 38 in the ICJ creating a hierarchy of the sources of international law and defining them in four different ways. These sources have become the standard that is universally accepted and applied in the world. The second of these sources is “international custom,
…show more content…
As society has evolved “certain maxims and customs consecrated by long use, and observed by nations in their mutual intercourse with each other [has formed] a kind of law.” (Janis 44). So with this general practice of individual norms are created that are not binding but which individuals are obliged to do for instance walking on the right side of the sidewalk. Even without being a written law, on a busy sidewalk there are repercussions for going against this norm. First off you will take longer to get to your destination and secondly there is a possibility to get injured running into people and people generally getting mad at you. It is true that walking on the right side of the sidewalk is not legally binding but on an international scale it is. When a state or individual goes against an international norm, goes against customary law they can be tried and convicted on the basis of violating international …show more content…
An example of treaties becoming custom is the Geneva convention of 1949. This convention regarding the rules of war has been so widely ratified that it has become custom. This meaning that even states that have not ratified them are bound by its contents. The upside to this is that the custom can outreach the original parties to the treaty so make the laws truly international rather than restricted to the treaty parties many human rights have become a custom which is beneficial having the widest coverage of the law. The reverse of this is when a custom becomes codified into treaty. This happens for two reason the first is because with the codification of a custom the law becomes more clear and thus can not be manipulated as easily, secondly if the custom becomes out of date the easiest way to change the norm set by the custom is to create a treaty that goes against the norm and has wide ratification. The way to change this is to create a treaty that goes against the norm set by the custom. The problem with this is that there will not be as wide spread coverage of the law.
Aspects of customary law are jus cogans. Jus cogan rights are international norms though so fundamental that they are truly universal rights form which no derogation can be committed such as the prohibition of torture, genocide, crimes against humanity and slavery. All of these have become treaties
As society has evolved “certain maxims and customs consecrated by long use, and observed by nations in their mutual intercourse with each other [has formed] a kind of law.” (Janis 44). So with this general practice of individual norms are created that are not binding but which individuals are obliged to do for instance walking on the right side of the sidewalk. Even without being a written law, on a busy sidewalk there are repercussions for going against this norm. First off you will take longer to get to your destination and secondly there is a possibility to get injured running into people and people generally getting mad at you. It is true that walking on the right side of the sidewalk is not legally binding but on an international scale it is. When a state or individual goes against an international norm, goes against customary law they can be tried and convicted on the basis of violating international …show more content…
An example of treaties becoming custom is the Geneva convention of 1949. This convention regarding the rules of war has been so widely ratified that it has become custom. This meaning that even states that have not ratified them are bound by its contents. The upside to this is that the custom can outreach the original parties to the treaty so make the laws truly international rather than restricted to the treaty parties many human rights have become a custom which is beneficial having the widest coverage of the law. The reverse of this is when a custom becomes codified into treaty. This happens for two reason the first is because with the codification of a custom the law becomes more clear and thus can not be manipulated as easily, secondly if the custom becomes out of date the easiest way to change the norm set by the custom is to create a treaty that goes against the norm and has wide ratification. The way to change this is to create a treaty that goes against the norm set by the custom. The problem with this is that there will not be as wide spread coverage of the law.
Aspects of customary law are jus cogans. Jus cogan rights are international norms though so fundamental that they are truly universal rights form which no derogation can be committed such as the prohibition of torture, genocide, crimes against humanity and slavery. All of these have become treaties