Understanding customary international law (CIL) can be tough for countries trying to challenge it. Here are some of the main problems they face:
State Practice and Opinio Juris: Countries might argue that a certain rule isn’t truly a custom by showing that not everyone follows it. They can also claim that there isn’t a strong belief that everyone should follow this rule. But finding clear proof can be really difficult, especially since how countries act can be complicated or mixed.
Reservations and Declarations: Sometimes, countries try to make changes to customs, especially when those customs are written in treaties. However, other countries might not accept these changes, which can make it hard to settle the disagreement.
Judicial Mechanisms: International courts can help solve disputes about CIL. But these courts usually need all parties to agree to get involved. Countries might be scared to go to court because they fear unfavorable decisions or bad press.
Diplomatic Negotiations: Countries often turn to talking things out to fix disagreements over customs. However, these discussions can drag on for a long time without reaching a satisfactory solution.
To tackle these problems, countries could set up clearer rules for recognizing and disputing customary law. They could also encourage more conversation through international meetings and make the customs easier to understand. But when tensions rise, it can be hard to have these helpful discussions, leaving countries stuck.
Understanding customary international law (CIL) can be tough for countries trying to challenge it. Here are some of the main problems they face:
State Practice and Opinio Juris: Countries might argue that a certain rule isn’t truly a custom by showing that not everyone follows it. They can also claim that there isn’t a strong belief that everyone should follow this rule. But finding clear proof can be really difficult, especially since how countries act can be complicated or mixed.
Reservations and Declarations: Sometimes, countries try to make changes to customs, especially when those customs are written in treaties. However, other countries might not accept these changes, which can make it hard to settle the disagreement.
Judicial Mechanisms: International courts can help solve disputes about CIL. But these courts usually need all parties to agree to get involved. Countries might be scared to go to court because they fear unfavorable decisions or bad press.
Diplomatic Negotiations: Countries often turn to talking things out to fix disagreements over customs. However, these discussions can drag on for a long time without reaching a satisfactory solution.
To tackle these problems, countries could set up clearer rules for recognizing and disputing customary law. They could also encourage more conversation through international meetings and make the customs easier to understand. But when tensions rise, it can be hard to have these helpful discussions, leaving countries stuck.