Custom International law (2): validity, national stubborn opposition, proven, evidence

4. stubbornly opposed the state and validity of customs

  Validity of customs shall take effect as law for all countries. Emerging countries that emerged after the non-participating countries have established practices and customs are also within the scope of practice effects. However, if one country is recognized as an exception stubbornly opposed to any country. Recognition requirements from the very beginning when the customs form, that is stubbornly persistent and consistent, aggressive and should be clearly opposed. Examples stubborn opposition in the country can be recognized Anglo-Norwegian Fisheries case of 1951 ICJ. In the case of newly independent There can not be an exception. However, there is no hierarchy between treaties and conventions. Therefore, any method can be used to constitute the norm.


5. The proof of customary law exists, responsibility

   Proven on the common law form shall be in accordance with the Basic Law of the burden of proof. In other words there is a side benefit to the burden of proof to demonstrate by. In principle, the Court has referred to the agenda customs law. Therefore, this method has the burden of proof as to the countries that claim. But actually impose the burden of proof to countries that invoked the customs legislation.


6. Evidence of customs forms

  That could be evidence of customs in the national action can be including treaties, national legislation, national case law, the resolutions of international organizations. It may be the only evidence as customs, nor have the direct effect of international law must not be to develop customs.


7. Instant customs Theory

  Legal certainty is established only according to the theory of instant customary requirements of the convention. The international community is opposed to the ideology and interests of society as a division. As a result, the general practice is difficult to appear. This is the basis for the assertion that it is difficult to form soon customary practice.

  According to the instant customary law principles of UNGA resolutions and norms constitutes the theory declared enemy resolution is formed immediately upon adoption of new customs approved unanimously or overwhelmingly. This is the numerical superiority of the Third World countries have a favorable way even though they oppose Western countries. 2 common view is required novel theory rather than practice an instant.