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Essay / Research Paper Abstract
This 10 page paper considers how custom can be seen as a key component of international law. The paper argues that the basis of international law is custom due the flimsy structure and the requirement of consensus and agreement. The bibliography cites 10 sources.
Page Count:
10 pages (~225 words per page)
File: TS14_TEcustomint.rtf
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Unformatted sample text from the term paper:
exists due to the agreement and compliance of nation states with that law, which n turn may be seen as derived from custom. To look at the role
and place of custom in terms of international law we first need to define what we mean by custom. This may be seen as a pattern of behaviour that has
developed and been established and is capable of being verified in a particular context (Ivamy, 2000). Today there are many forms of custom. There are two main forms of customs;
general customs, which is also the practice of common law, and particular custom, where there may be a specific pattern that applies only to one area of law or geographical
area (Ivamy, 2000). The determination of custom on national law s simple, the use of case law and the development of practices
and their influences is easy to see. However, with international law there is a different position, the level of force is much weaker, and the argument can be that the
entire structure of international law relies on custom, although motivations may also be economic or political. International law is very different from
domestic law looking at this indicates the importance of custom. There are several differences, there are not the normal bodies, international law is not attributed the a separate legislature, executive,
and judiciary, nor does it be enforced in any real sense, yet it still has power as it still guides and controls many situations (Anonymous, 2002). This then raises
a very pertinent question, when looking at international law, is it really international law, or is it a voluntary social code with has been adopted by many countries, becoming a
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