it refers to the continuous repetition of the same or similar kind of acts or norms by states.
What does it mean when it says “it refers to the continuous repetition of the same or similar kind of acts or norms by states”?
Answer:
The phrase “it refers to the continuous repetition of the same or similar kind of acts or norms by states” typically relates to the concept of international customary law in the field of international law.
1. Understanding Customary International Law:
- Customary International Law forms a primary source of international law that arises from the consistent and general practice of states followed by them out of a sense of legal obligation.
- Unlike treaties, which are written agreements between states, customary international law is unwritten and emerges from the consistent behavior of states over time.
2. Elements of Customary International Law:
- State Practice: This involves the actual behavior or practices of states. For a custom to be recognized, the practice must be general and widespread among the states.
- Opinio Juris: This refers to the belief that such practice is carried out of a sense of legal obligation. States must follow the custom not out of convenience or habit but because they believe it is legally required.
3. Examples of Customary International Law:
- Diplomatic Immunity: The respects and immunities accorded to diplomats are formed through continuous practice and a recognition of legal obligation.
- Principles of Non-Use of Force: In international relations, the prohibition against the use of force except in self-defense is largely a principle of customary international law acknowledged by states through their consistent behavior and legal recognition.
4. Importance and Relevance:
- Binding Nature: Customary international law is binding on all states, irrespective of whether they have explicitly agreed to it, thus enforcing uniformity and predictability in international relations.
- Gap Filling: It fills the gaps where treaties may not explicitly cover specific aspects of state conduct.
In summary, the continuous repetition of acts or norms by states, as described by @LectureNotes, forms the basis of customary international law, which derives its authority from the consistent and general practice of states performed out of a sense of legal obligation. This concept ensures that international behavior maintains certain standards, even beyond the written frameworks provided by treaties and agreements.