Customary Law Essay

416 Words2 Pages
What are customary law and its characteristics? Discuss the importance of International Customary Law as a source of public international law. Customary law refers to a system of rules governing the conduct of a group, which is based on tradition or custom. Customary law rules may specify norms of conduct relating to matters such as personal behaviour, family matters, land matters and the punishment of wrongdoing. Customary legal systems are of particular importance to the indigenous inhabitants of some countries, many of whom continue to observe traditional customs and laws. Given the diversity of groups around the world that have customary law systems it is more difficult to ascertain the common features of these systems than for other “families” of legal systems. Customary legal systems of indigenous peoples show a greater degree of commonality and often have one or more of the following characteristics. The characteristics are oral rather than written soruces, consensus decision-making, strong spiritual connection to ancestral lands and emphasis on the group rather than the individual. International Customary law is listed in one of the four recognised sources of public international law under Article 38(1) of the Statute of the International Court of Justice. Customary international law derives from the practice of States. In particular, State practice may give rise to customary international law when that practice is sufficiently consistent, and if it is coupled with a belief that the practice is obligatory rather than habitual. All States are bond by customary international law unless they have persistently objected to it. A treaty obligation may override customary international law, unless the latter is jus cogens. Customary international law can be an important souce of public internal law. There may be no treaty law on point because a relevant
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