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BY : MANYA MAHESHWARI
International law, a term that is well understood as the body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors, was first coined by Jeremy Bentham.
Under Article 38(1) of the ICJ’s statute, three sources of international law namely treaties, customs, and general principles have been identified as of now. The system of international law being horizontal and decentralized, makes the creation of international laws inevitably more complicated than the same but in domestic aspects.
International custom is the most important source of international law amongst all others but we have to encounter the term custom in order to understand it better. So custom is a habitual practice. It’s a traditional and extensively respectable way of doing commodity. An operation that becomes habitual is called a custom .J.J. Stark was the first one to define custom for the 1st time.
But for one thing to be a custom some points are considered rudiments. Some of these are the duration, for a practice to be a custom it should be valid and should be followed universally, then comes uniformity and thickness that's the practice should be followed widely, also it should be certain and precise that's it shouldn't be vague and should be reasonable to accept widely and the last and the most important thing to be considered by a practice to be a custom is that it shouldn't get against the public policy. All the rudiments mentioned over are applicable in determining whether a practice may form the base of a binding transnational custom or not.
A custom is substantially of 2 types the 1st one is a general custom, a custom which is rehearsed constantly and slightly widely and the other bone is a specific custom, a custom that's particularly between specific/ particular nations is a practice that applies to only those specific groups. Now, Once a practice becomes a custom, all countries in the transnational community are bound by it whether or not individual countries have expressly acceded — except in cases where a state has expostulate from the launch of the custom, a strict test to demonstrate. At last, it can be said that international custom is one of the important sources of international law.
References:-
1. Text references-
1. https://www.britannica.com/topic/international-law/Custom
2. https://www.britannica.com/topic/international-law
2. Image reference-
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