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36 Sayurusara 2021 June
1. Introduction second paragraph I will be discussing about the
significance of this legal process. There I am
According to Duhaims Law Dictionary, the going to highlight the advantages to the global
Customary International Law (CIL) is defined as community get by implementing this law. In the
International law which does not have the treaty Third paragraph I will be discussing about the
based but, rather exists because of international issues related to customary international law. I will
customs. According to the basic theory of law, the focus on the origin, function and the continuation
customary international law is an important organ of CIL specially related to the nations who have
of the international law to which every state is limited national power. In third chapter I would
bound by since it containing the customs. As per like to forward possible suggestions specially
the studies of Christiana Ochoa (2007), the terms related to the state behavior on the international
of customary international law will be used to refer arena to get the effective outcome of CIL.
to a set of practices to which international rights or
legal obligations have been attached Obligations 2. Significance of Customary International law
and rights in respect to particular practices may
‘become international’ for a number of reasons. Since CIL is based on the customs which nations
followed up from the history, it creates agreements
First, international obligations and rights may between nations. At the same time, when we are
be attached because the practice itself has an considering the powerful nations, they will not be
international character. able to act as they want since everybody is bound
by this low. This gives a control for the powerful
Second, international rights and obligations might nations to act based on a rule. Weak nations will
because the entities engaged in that practice are also be able to get the legal coverage form these
states, the traditional subjects and objects of provisions. Due to the common working guidelines,
international law. states might increase the cooperation among each
other which will avoid international disputes and
Third, rights and obligations might attach under wars.
international law because the practices relate to
international or global problems such as nuclear Equity given to all states is a main factor in CIL
war, global environmental concerns, the protection since the world order is always in a function. This
of human rights, etc. is a good advantage for the small states where
powerful states also have the equal rights in front
Finally, international rights and obligations of international law. This is very much supportive
might attach because sufficient uniformity about for a rule-based governance in the world. Best
a practice has arisen internationally among the example is the Philippine Vs China arbitration in
entities that will enjoy the rights or be burdened the South China Sea dispute. In that case, Philippine
by obligations once the practice becomes CIL. was able to get the justification according to the
international legal provisions. These types of
In this article I am going to discuss about situations would not occur if the CIL was not in the
the customary international law specifically
related to the significance and the issues. In the
1. Introduction second paragraph I will be discussing about the
significance of this legal process. There I am
According to Duhaims Law Dictionary, the going to highlight the advantages to the global
Customary International Law (CIL) is defined as community get by implementing this law. In the
International law which does not have the treaty Third paragraph I will be discussing about the
based but, rather exists because of international issues related to customary international law. I will
customs. According to the basic theory of law, the focus on the origin, function and the continuation
customary international law is an important organ of CIL specially related to the nations who have
of the international law to which every state is limited national power. In third chapter I would
bound by since it containing the customs. As per like to forward possible suggestions specially
the studies of Christiana Ochoa (2007), the terms related to the state behavior on the international
of customary international law will be used to refer arena to get the effective outcome of CIL.
to a set of practices to which international rights or
legal obligations have been attached Obligations 2. Significance of Customary International law
and rights in respect to particular practices may
‘become international’ for a number of reasons. Since CIL is based on the customs which nations
followed up from the history, it creates agreements
First, international obligations and rights may between nations. At the same time, when we are
be attached because the practice itself has an considering the powerful nations, they will not be
international character. able to act as they want since everybody is bound
by this low. This gives a control for the powerful
Second, international rights and obligations might nations to act based on a rule. Weak nations will
because the entities engaged in that practice are also be able to get the legal coverage form these
states, the traditional subjects and objects of provisions. Due to the common working guidelines,
international law. states might increase the cooperation among each
other which will avoid international disputes and
Third, rights and obligations might attach under wars.
international law because the practices relate to
international or global problems such as nuclear Equity given to all states is a main factor in CIL
war, global environmental concerns, the protection since the world order is always in a function. This
of human rights, etc. is a good advantage for the small states where
powerful states also have the equal rights in front
Finally, international rights and obligations of international law. This is very much supportive
might attach because sufficient uniformity about for a rule-based governance in the world. Best
a practice has arisen internationally among the example is the Philippine Vs China arbitration in
entities that will enjoy the rights or be burdened the South China Sea dispute. In that case, Philippine
by obligations once the practice becomes CIL. was able to get the justification according to the
international legal provisions. These types of
In this article I am going to discuss about situations would not occur if the CIL was not in the
the customary international law specifically
related to the significance and the issues. In the
