International Customs Flashcards
What are customs or customary laws?
Customs are general and consistent practice of states followed by them from a sense of legal obligation.
What are the two elements of customs? Explain each briefly.
(a) Practice of states - the initial factor for determining the existence of custom is the actual behavior of states.
(b) Opinio Juris - concerns to why states behave the way they do. The existence of this element is a matter of proof.
How is a rule characterized to be a customary international law?
For a rule to be characterized as a customary international law, there is constant and uniform usage practiced by states in question.
Can a state who does not ratify a treaty containing customary international law be bound to it?
A state that does not ratify a treaty that contains customary international law is still bound by such customary international law.
Under our Constitution, the Philippines adopts the generally accepted principles of international law. What laws are these?
“Generally accepted principles of international law” subsume both international custom and general principles of law, which are two distinct sources of international law under the International Court of Justice statute.
Does a practice need to be inconsistent to prove that the rules is not customary international law?
Inconsistent practice by states is not an automatic proof that the rule is not customary international law.
Can a treaty provide for an emerging customary rule?
A treaty can provide for an emerging customary law.
Is duration of constant and uniform practice imperative for the existence of a customary international law?
In determining the existence of customary international law, duration of constant and uniform practice is not imperative. It may be short or long.
Does custom laws have to be embodied in a treaty to be binding on signatory parties?
No, custom laws need not be embodied in a treaty to be binding on signatory parties.
