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In What Ways Does Customary International Law Differ from Treaties in Binding Authority?

Customary international law and treaties are important parts of international law, but they work in different ways. Let's explore how they differ.

What They Are and How They Work

  1. Customary International Law:

    • This type of law comes from the regular behaviors of countries that are accepted as rules—often called "state practice."
    • There are two main things that make this law work:
      • Consistency: Countries need to act in the same way over time.
      • Opinio Juris: Countries must feel that these actions are needed by law.
    • For example, diplomatic immunity is a rule in customary international law. Most countries follow it, even if it's not written in a treaty.

  2. Treaties:

    • Treaties are formal written agreements between countries, following international law. They need to be approved to be binding.
    • They only apply to the countries that agree to them, usually through negotiation, signing, and then ratifying.
    • For instance, the Paris Agreement on climate change only affects those countries that have agreed to it.

Who Must Follow Them

  • Customary International Law is universal. This means it applies to all countries, even if they have not agreed to any related treaties. So, even if a country does not recognize a specific rule, it can still be held responsible for following it.

  • Treaties work differently. They only bind the countries that have agreed to them. For example, if Country A signs a trade treaty, it only has to follow that treaty if Country B has also agreed to it.

Real-World Examples

  • Think about the Geneva Conventions: These are treaties that show how to treat people humanely during war. Countries that are part of these agreements must follow them. If they don’t, they could face international consequences. But countries that are not part of the Geneva Conventions are not legally required to follow them, even though they are expected to stick to customary laws.

In short, both customary international law and treaties are important in how countries interact with each other. However, they are very different in how they are created and who needs to follow them. Knowing this difference helps in understanding the tricky world of international law.

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In What Ways Does Customary International Law Differ from Treaties in Binding Authority?

Customary international law and treaties are important parts of international law, but they work in different ways. Let's explore how they differ.

What They Are and How They Work

  1. Customary International Law:

    • This type of law comes from the regular behaviors of countries that are accepted as rules—often called "state practice."
    • There are two main things that make this law work:
      • Consistency: Countries need to act in the same way over time.
      • Opinio Juris: Countries must feel that these actions are needed by law.
    • For example, diplomatic immunity is a rule in customary international law. Most countries follow it, even if it's not written in a treaty.

  2. Treaties:

    • Treaties are formal written agreements between countries, following international law. They need to be approved to be binding.
    • They only apply to the countries that agree to them, usually through negotiation, signing, and then ratifying.
    • For instance, the Paris Agreement on climate change only affects those countries that have agreed to it.

Who Must Follow Them

  • Customary International Law is universal. This means it applies to all countries, even if they have not agreed to any related treaties. So, even if a country does not recognize a specific rule, it can still be held responsible for following it.

  • Treaties work differently. They only bind the countries that have agreed to them. For example, if Country A signs a trade treaty, it only has to follow that treaty if Country B has also agreed to it.

Real-World Examples

  • Think about the Geneva Conventions: These are treaties that show how to treat people humanely during war. Countries that are part of these agreements must follow them. If they don’t, they could face international consequences. But countries that are not part of the Geneva Conventions are not legally required to follow them, even though they are expected to stick to customary laws.

In short, both customary international law and treaties are important in how countries interact with each other. However, they are very different in how they are created and who needs to follow them. Knowing this difference helps in understanding the tricky world of international law.

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