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:
“Very few people are acquainted with death. They undergo it, commonly, not so much out of resolution as custom and insensitivity; and most men die because they cannot help it.”
—François, Duc De La Rochefoucauld (1613–1680)