POLI 4041 Chapter : Sources/Customs
Document Summary
Definition: customs- are practices and usages which have been observed over a long period of time, and have been accepted by countries to be law. In other words customs are binding on countries, they also have the following characteristics: Those practice has been held for a long period of time. No opposition to the conduct of that practice. Countries believe that they are legally bound to the source. One of the documents/sources that have been transformed from customs into treaties . Many rich countries lead by the us didn"t sign the treaty. Ruling by the icj 1951-> anglo- norwegian fisheries case; the court argued that customs are formed through: state practice, the consistency of that practice, and the generality of the practice. General customs: these are customs that would apply to all countries of the international system, means that these customs are widely known and accepted by all. Two cases: 1. paquette habana case 1900; resulted from the spanish.
