For students who want to learn about customary international law, it’s important to understand what this part of international law means.

Unlike treaties, which are official agreements between countries, customary international law comes from the regular behavior of states. This means countries often act in certain ways, and over time, these actions are accepted as law. To understand this better, students will need to look closely at where these laws come from, the situations surrounding them, and the rules that guide international relations.

To start their research, students should get to know the basic parts of customary international law. These parts can be broken down into two main elements:

1. State Practice: This is about what countries do repeatedly over time. Students need to pay attention to how often and consistently these practices occur. They should look at what a country does and how it acts in different situations.

2. Opinio Juris: This means the belief that a certain action is legally required. Students should investigate whether countries think their actions are law. This can often be found in statements from diplomats, national laws, or comments made by legal experts during international meetings.

Once they know these parts, students can use many different resources to help them with their research.

First, they can check out scholarly databases and libraries. Legal journals and academic articles can give insights into changes in customary practices over time. These resources show how some practices have become well-known norms. Online legal databases, like Westlaw or HeinOnline, can connect students to in-depth articles about these legal practices.

Another way to learn is by looking at what international organizations and courts do, like the International Court of Justice (ICJ) or the United Nations (UN). These groups often discuss customary international law, and their decisions can help explain how specific practices become norms. Students can also check UN General Assembly resolutions or other important international group decisions, as these can show the common opinions on new customs.

Textbooks and collections about international law are also great for learning. They provide summaries and examples of how customs have developed over the years. Taking a historical view can be helpful because many customs have their roots in long-standing practices.

When studying customary international law, it’s also important to think about how regional differences come into play. What is considered normal in one area might not be the same in another. For example, the rules about state sovereignty or intervention can vary greatly between countries in the Global North and Global South. Comparing these differences can help students understand these concepts better.

For their research methods, students should use critical thinking. They can follow these steps:

1. Define the specific customary law they want to study.
2. Gather evidence of state practice by looking at official records, government actions, and news reports.
3. Collect evidence of opinio juris by examining legal writings, state declarations, and other important documents.
4. Put together all the information they’ve gathered, checking for consistency and how long these practices have been around.
5. Connect their findings to the larger international legal framework, considering how this customary law fits with existing treaties or court decisions.

In conclusion, students should realize that studying customary international law is an ongoing process that requires them to keep evaluating and rethinking their findings. It’s not just about figuring out if a norm exists, but also about understanding what it means and how it might change in the future. As international relations change, so will the customary laws that guide these interactions. Staying informed and open to new ideas is important for students diving into this interesting area of legal research.