International Custom
Article 38.1(b) of the ICJ Statute refers to "international custom" as a source of international law, specifically emphasizing the two requirements of state practice plus acceptance of the practice as obligatory or opinio juris sive necessitatis (usually abbreviated as opinio juris).
Derived from the consistent practice of (originally) Western states accompanied by opinio juris (the conviction of States that the consistent practice is required by a legal obligation), customary international law is differentiated from acts of comity by the presence of opinio juris (although in some instances, acts of comity have developed into customary international law, i.e. diplomatic immunity). Treaties have gradually displaced much customary international law. This development is similar to the replacement of customary or common law by codified law in municipal legal settings, but customary international law continues to play a significant role in international law.
Read more about this topic: Sources Of International Law
Famous quotes containing the word custom:
“I ask whether the mere eating of human flesh so very far exceeds in barbarity that custom which only a few years since was practised in enlightened England:Ma convicted traitor, perhaps a man found guilty of honesty, patriotism, and suchlike heinous crimes, had his head lopped off with a huge axe, his bowels dragged out and thrown into a fire; while his body, carved into four quarters, was with his head exposed upon pikes, and permitted to rot and fester among the public haunts of men!”
—Herman Melville (1819–1891)