Customary Law Agreements

There are different types of customary international laws that are recognized by states. Some of the usual international laws rise to the level of Jus cogens through the adoption by the international community as non-derogatory rights, while other international customary laws may simply be followed by a small group of states. States are generally bound by international law, whether states have codified these laws on national territory or by treaties. Other examples, recognized or claimed as international law, are the immunity of foreign heads of state and the principle of non-refoulement. In 1993, the Un Security Council cleaned up the Geneva Conventions as a habit of the peoples because it has since become the custom of the peoples. If a treaty or law has been classified as international customary law, parties that have not ratified it are required to comply with its provisions in good faith. [19] An imperative standard (also known as jus cogens, in Latin for “compulsory law”) is a fundamental principle of international law, which is accepted by the international community as a standard to which no derogation is permitted (non-deviant). These norms are rooted in the principles of natural law[6] and all laws that conflict with it must be considered null and void. [7] Some international crimes are examples of this; a state violates customary international law when it authorizes or practices slavery, torture, genocide, war of aggression or crimes against humanity. [8] Juice cogens and international customary law are not interchangeable. All cogen juices are a common law by their adoption by states, but not all the usual international laws rise to the level of mandatory standards.

States may depart from customary international law by enacting conflicting treaties and laws, but jus cogens are not deviant. In Scandinavian countries, customary law still exists and has great influence. International customary law “is made up of legal norms arising from the consistent behaviour of states that act out of the belief that the law compels them to do so.” [13] It follows that international law is recognized by “the widespread repetition of similar international acts over time by states” (state practices); Acts must be done by obligation (opinio juris); Legislation must be adopted by a significant number of states and should not be rejected by a significant number of states.” [14] One of the markers of international customary law is the consensus among states, which stems from both widespread behaviour and a recognizable sense of foretaste obligation.