What are customary international law and the sources of international law?

Customary international law and the sources of international law are two important components of international law in Washington and around the world. Customary international law is a body of unwritten legal rules that derive from the practice of states and non-state actors, such as international organizations. Sources of international law, as recognized in the Statute of the International Court of Justice, are international conventions, international custom, and general principles of law recognized by civilized nations. Customary international law is based on state practice, which establishes the expectation of particular behavior and the recognition of similar expectations by other states. Customary international law is created in a variety of ways, including through treaties or agreements, international meetings and conferences, pronouncements by leaders of states and international organizations, and responses to specific situations. When these actions are taken, states and non-state actors are making a statement about the expectations of international behavior in a particular area. This repeated behavior is then seen as setting a ‘customary’ expectation for customary international law. The sources of international law include treaties and conventions, which are written agreements between two or more parties that are binding in international law. These are created specifically and entered into by states, international organizations, and even individuals. In addition, international custom arises from accepted practices between states, while general principles of law are recognized international principles found in most national legal systems. These components of international law in Washington and elsewhere provide a framework that governs international relations and allows states to resolve disputes when they arise, thereby protecting the rights and interests of all parties. Understanding the sources of international law and the concept of customary international law is important for anyone who wishes to understand international law and its application in Washington.

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