Journal of the Korean Society of Marine Environment & Safety (해양환경안전학회지)

The Korean Society of Marine Environment and safety (해양환경안전학회)
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A Study on the Process of Forming Customary Law

관습 규범의 성립에 관한 소고 -조약의 관습 규범 형성력을 중심으로-

  • 이평현 (한국해양대학교 해사법학과)
  • Published : 1996.01.01
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Abstract

In general, a source of international law comes out of either treaties or customs. Process of forming treaty law is relatively clear as it is created by both negotiations of legal experts in issue and express of sttes concerned in the international conferences. However, this process does not apply to the creation of customary international law. Rather the process to customary law depends on legal inference from or reasoning states' practices in fact so that there is no definite process or procedures for establishing customary international law and objective criteria to identify it. It is more difficult to prove when and what states' practices have been recognized customary law that turns to bind on all members of world community. This paper is to explore, through theories and findings of ICJ, how the customary international law is formed to be effective as a binding norm of law.

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References

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