Common International law (1): Definition, establishment requirements, Features of orgins

1. The definition of common law 

The definition of common law can be considered evidence of a general practice accepted as law. General practice is the uniform of many countries and means that iteration of a coherent and cumulative actions. It has been accepted as law recognizes that it conforms to practice law, that means that the legal conviction (opinio juris).


2. The features of origin of the Common law

As the origin of the common law characteristics are as follows: The common law is spontaneous. Although not intended to constitute countries of origin which form the law is the law through their voluntary actions. Examples may include the First World War that the custom of the time limit for entry into the airspace formed. Common law may be vague because it exists and that the content of customary oral law. Nevertheless, if the common law forms (except the stubborn opposition National) all have legal effect to general international law as a state.


3. The requirements of established custom: general practice, legal certainty 

The establishment of the customs requirements, there are two require novels and attribute custom theory. Common view and case law follows the two required novels. 2 requires novel means of obtaining the legal certainty of the existence and general practices of the country. As it first checks for the presence of the time factor is not a common practice for the decisive factor it is established custom. In addition, it is also not clear. A significant amount of time may be necessary, and also formed in a short period of time. An example is formed in a short period of time up to 200m water depth of the coastal State referred to in the Truman Declaration may be right for the continent rods.

(1) The general practice

  Uniformity and consistency is needed for the establishment of customs. And the generality of practice is needed. Generality means representative of the practice. The representative must meet both the quantitative and qualitative representation representative. Quantitative representation means that the majority of countries participating in the international community. Qualitative representation means that the representatives of participating countries will be particularly affected if the screen customary practices.

  For example, there may be mentioned a compensation portion of the right requirement of nationalization. Requirements for acceptance as a legitimate objective of public interest, non-discrimination, compensation must fulfill three. But the Third World and socialist countries in the area have claimed compensation to the compensation in accordance with its criteria and is following the Western camp who claimed to have a bar in Hull official opposition. The Hull formula is immediate, adequate and effective compensation means. The countries particularly affected the Hull formula were the same formula made it difficult to see the Third World and socialist countries are opposed to the right to accommodate legitimate customary. As a result, countries have entered into bilateral investment agreements or free trade agreements and are stated separately from the Hull formula.

(2) legal certainty

  The customary practices of the country is only in effect. There is no effect by law. Legal certainty is needed to become a law. Just 2 John is the essence of the novel is centered theory of action. If the presence of the recognized common practice to estimate the legal acquisition of the certainty.