Citizendia
Your Ad Here

In addition to treaties and other expressed or ratified agreements that create international law, the International Court of Justice, jurists, the United Nations and its member states consider customary international law, coupled with general principles of law and treaties, to be primary sources of international law. See also International Commission of Jurists The International Court of Justice (known colloquially as the World Court or ICJ; Cour Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society A Treaty is an agreement under International law entered into by actors in international law namely States and International organizations. Sources of international law are the materials and processes out of which the rules and principles regulating the International community are developed

The vast majority of the world's governments (including the United States) accept in principle the existence of customary international law, although there are many differing opinions as to what rules are contained in it. The United States of America —commonly referred to as the

The UN charter acknowledges the existence of customary international law (article 38(1)(b) of the Statute, incorporated into the Charter by article 92 thereof): "The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply. . . international custom, as evidence of a general practice accepted as law;".

Customary international law ". . . consists of rules of law derived from the consistent conduct of States acting out of the belief that the law required them to act that way. "[1] It follows that customary international law can be discerned by a "widespread repetition by States of similar international acts over time (State practice); Acts must occur out of sense of obligation (opinio juris); Acts must be taken by a significant number of States and not be rejected by a significant number of States. Opinio juris sive necessitatis ("an opinion of law or necessity" or simply opinio juris' ("an opinion of law" is the belief that an Action "

Amnesty International writes that:

Customary international law results from a general and consistent practice of states followed out of a sense of legal obligation, so much so that it becomes custom. As such, it is not necessary for a country to sign a treaty for customary international law to apply.

In other words, customary international law must be derived from a clear consensus among states, as exhibited both by widespread conduct and a discernible sense of obligation, and often expressed through the United Nations bodies. The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security

Customary international law can therefore not be declared by a majority of States for their own purposes; it can be discerned only through actual widespread practice. For example, laws of war were long a matter of customary law before they were codified in the Geneva Conventions and other treaties. The Geneva Conventions consist of four Treaties formulated in Geneva, Switzerland, that set the standards for International law for humanitarian

A particular category of customary international law, jus cogens refers to a principle of international law so fundamental that no state may opt out by way of treaty or otherwise. A peremptory norm (also called jus cogens or ius cogens, Latin for "compelling law" is a fundamental principle of The earliest accepted of these peremptory norms was the prohibition against piracy. Other examples might include prohibitions against slavery, genocide and crimes against humanity. As a social-economic system slavery is a legal institution under which a Person (called "a slave" is compelled to work for another Genocide is the deliberate and systematic destruction in whole or in part of an ethnic racial religious or national group In Public international law, a crime against humanity is an act of Persecution or any large scale atrocities against a body of people and is the highest level of

Other examples of customary international law include the principle of non-refoulement and, debatably, the right to humanitarian intervention. Non-refoulement is a principle in International law, specifically Refugee law, that concerns the protection of refugees from being returned to places where their lives Humanitarian intervention refers to armed interference in one state by another state(s with the stated objective of ending or reducing suffering within the first state

See also

References

External links


© 2009 citizendia.org; parts available under the terms of GNU Free Documentation License, from http://en.wikipedia.org
Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic