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Formation of Customary Law


Procedure of Formation of Customary Law

                            First Requierment   Second Requirement
Continuous and Accumulation of Practices of States' - Formation of General Practice - Legal Confidence - Formation of Customary Law

Formation of General Practice

  • In the Statute of the International Court of Justice is "international custom, as evidence of general practice accepted as law".
  • As Confirmed by the ICJ in the Nicaragua case, custom is constituted by two elements, the objective one of "a general practice", and the subjective one "accepted as law", the so-called opinio juris.
  • in the Continental Shelf (Libya v. Malta) case, the Court stated that the substance of customary international law must be "looked for primarily in the actual practice and opinio juris of States'".