An Advantage Of Essay

Submitted By aishagbadamosi
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An advantage of custom law is that it is an binding element that is democratic. Furthermore, there is a sense of fairness among states due to the treaty not being required. The fundamental issue of international law in itself it that it requires consent, so an agreement from member of states. Moreover the reason why the language of a treaty tends to be ambiguous. It also has to be broad in order to gain the written binding agreement of states. With regards to custom law, even though there is an absence to obtain that an agreement it doesn’t matter because they relate to the principles which are important states will bound to them regardless1

that it can be considered as a binding element that is democratic, in that all, states may share in the formulation of a new rule. So, the sense of fairness among states as it does not require a treaty. As the fundamental issue of international in itself it requires consent, so agreement from member of states hence the reason why the language of a treaty tends to be ambiguous language because it has to be broad in order to gain the written binding agreement of states. And with regards to custom law even though there is an absence to obtain that agreement it doesn’t matter because they relate to principles which are so important that states will bound to them anyway.2 Thus, as custom is considered as a source of international law. States act in a certain manner. Due to the fact that there is a sense honour of legal obligation among the states, (this is also known as an opino juris). Also if enough…