Recognition of Customary International Law
The International Court of Justice Statute defines customary international law in Article 38(1)(b) as "evidence of a general practice accepted as law." This is generally determined through two factors: the general practice of states and what states have accepted as law.
There are several different kinds of customary international laws recognized by states. Some customary international laws rise to the level of jus cogens through acceptance by the international community as non-derogable rights, while other customary international law may simply be followed by a small group of states. States are typically bound by customary international law regardless of whether the states have codified these laws domestically or through treaties.
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Famous quotes containing the words recognition of, recognition, customary and/or law:
“I shall earnestly and persistently continue to urge all women to the practical recognition of the old Revolutionary maxim. “Resistance to tyranny is obedience to God.””
—Susan B. Anthony (1820–1906)
“Tragedy, as you know, is always a fait accompli, whereas terror always has to do with anticipation, with man’s recognition of his own negative potential—with his sense of what he is capable of.”
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“The common experience is, that the man fits himself as well as he can to the customary details of that work or trade he falls into, and tends it as a dog turns a spit. Then he is part of the machine he moves; the man is lost.”
—Ralph Waldo Emerson (1803–1882)
“If he who breaks the law is not punished, he who obeys it is cheated. This, and this alone, is why lawbreakers ought to be punished: to authenticate as good, and to encourage as useful, law-abiding behavior. The aim of criminal law cannot be correction or deterrence; it can only be the maintenance of the legal order.”
—Thomas Szasz (b. 1920)