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Sayurusara 2021 June 37
function. as their principle of operation, they try to get the
control over the governments and governmental
The customary international law specially covers institutions. Further, economically emerging state
the principles of Innocent passage, suppress also sponsor these type of actors and they try to
of piracy, ban of use of force and binding for go through the gray areas of the international law.
everyone. Even though all these provisions are not Chinese behaviour in South China Sea is much
written by word, it is clear that all these points are important. Since there are no provisions to control
directly affecting majority of nations in the world. these types of profit focused actors in customary
At the same time, all these provisions can be used international law, powerful nations can get such
without any amendments for all newly emerging kind of situations for their advantage.
threats to the global community including various
forms of unacceptable behaviours of state actors. Emergence of the terrorism as global network
That is the one of main important things in the CIL. especially as cyber terrorism also becoming an
inevitable issue in present scenario. Inter-State
3. Issues of Customary International Law use of force is prohibited by international law as
existing in customary law and enshrined in UN
According to the studies of J.P Kelly (2017), making Charter with self-defense against armed attacks.
the customary international law was not done by All these legal provisions are for states. The attacks
the participation of majority of the world. As a by non-State actors trigger the right to self-defense.
way forward, many international norms termed This question is raised by Jutta Brunee in relation
‘customary’ were a selected collection of assumed to self-defense measures against terrorist attacks.
norms from European states reflecting their self- This issue assumed heightened importance after
interest in a time of colonial expansion and later the terrorist attacks of 11 September 2001. Since
consolidation of their investments. The primary most of the terrorist organizations are working
role of state responsibility law was to protect their in global manner, it is said that there are no
foreign investment and businessmen with little special provisions in Customary International
respect for reciprocity on their part (Cambridge Law to prosecute them (Cambridge Core. 2019).
Core. 2019). Then it indicates that there is an issue In such issues, only domestic laws are taken in to
form the origination of the CIL. consideration. Sometimes it might be a loophole
for countering terrorism in global manner.
More recently a new sort of critique has arisen based
on rational choice theory. Using the conventional Further, Michel Byers (1999) has indicated the
assumptions of rational choice theory, some fundamental problems of customary international
scholars have argued that, as a theoretical matter, law in following terms where the general idea has
CIL has extremely limited, impact on state behavior. mentioned above:
States interact with each other over an extended
period of time and a failure to comply with rules The Chronological Paradox – States creating new
today will have consequences tomorrow. For CIL to
have an impact on state behavior, it is a necessary customary rules while same rules are existing
but not sufficient condition that states place
some value on the future. Due to various reasons and practicing
some states might not be able to maintain state
responsibility towards maintaining international The Character of State Practice – Any state wishing
law. In that case there will be consequences to
maintain international law and order where these to support or oppose the customary
types of inabilities might cause grave damage to
the international system. Emergence of Somalian international law
piracy due to lack of ability of government control
is a good example for such kind of situations. must engage in sort of act. Only the statement
With the rapid globalization process, states are or claim is not
losing the control over most economic matters.
Most of multinational companies have emerged enough
in this era as non-state actors and they have
taken the control over the global economy where The Epistemological Cycle – Legality of the state
some states do not have much regulations to
control them. Since they are following Marxism practices before treating them as international
customs
Inferred Consent – It is assumed that the rules of
customary international law do not bind states
against their will
4. Future Practice of Customary International
Law
Shared benefits to be ensured in the practice of
future occasions. The customary international law
function. as their principle of operation, they try to get the
control over the governments and governmental
The customary international law specially covers institutions. Further, economically emerging state
the principles of Innocent passage, suppress also sponsor these type of actors and they try to
of piracy, ban of use of force and binding for go through the gray areas of the international law.
everyone. Even though all these provisions are not Chinese behaviour in South China Sea is much
written by word, it is clear that all these points are important. Since there are no provisions to control
directly affecting majority of nations in the world. these types of profit focused actors in customary
At the same time, all these provisions can be used international law, powerful nations can get such
without any amendments for all newly emerging kind of situations for their advantage.
threats to the global community including various
forms of unacceptable behaviours of state actors. Emergence of the terrorism as global network
That is the one of main important things in the CIL. especially as cyber terrorism also becoming an
inevitable issue in present scenario. Inter-State
3. Issues of Customary International Law use of force is prohibited by international law as
existing in customary law and enshrined in UN
According to the studies of J.P Kelly (2017), making Charter with self-defense against armed attacks.
the customary international law was not done by All these legal provisions are for states. The attacks
the participation of majority of the world. As a by non-State actors trigger the right to self-defense.
way forward, many international norms termed This question is raised by Jutta Brunee in relation
‘customary’ were a selected collection of assumed to self-defense measures against terrorist attacks.
norms from European states reflecting their self- This issue assumed heightened importance after
interest in a time of colonial expansion and later the terrorist attacks of 11 September 2001. Since
consolidation of their investments. The primary most of the terrorist organizations are working
role of state responsibility law was to protect their in global manner, it is said that there are no
foreign investment and businessmen with little special provisions in Customary International
respect for reciprocity on their part (Cambridge Law to prosecute them (Cambridge Core. 2019).
Core. 2019). Then it indicates that there is an issue In such issues, only domestic laws are taken in to
form the origination of the CIL. consideration. Sometimes it might be a loophole
for countering terrorism in global manner.
More recently a new sort of critique has arisen based
on rational choice theory. Using the conventional Further, Michel Byers (1999) has indicated the
assumptions of rational choice theory, some fundamental problems of customary international
scholars have argued that, as a theoretical matter, law in following terms where the general idea has
CIL has extremely limited, impact on state behavior. mentioned above:
States interact with each other over an extended
period of time and a failure to comply with rules The Chronological Paradox – States creating new
today will have consequences tomorrow. For CIL to
have an impact on state behavior, it is a necessary customary rules while same rules are existing
but not sufficient condition that states place
some value on the future. Due to various reasons and practicing
some states might not be able to maintain state
responsibility towards maintaining international The Character of State Practice – Any state wishing
law. In that case there will be consequences to
maintain international law and order where these to support or oppose the customary
types of inabilities might cause grave damage to
the international system. Emergence of Somalian international law
piracy due to lack of ability of government control
is a good example for such kind of situations. must engage in sort of act. Only the statement
With the rapid globalization process, states are or claim is not
losing the control over most economic matters.
Most of multinational companies have emerged enough
in this era as non-state actors and they have
taken the control over the global economy where The Epistemological Cycle – Legality of the state
some states do not have much regulations to
control them. Since they are following Marxism practices before treating them as international
customs
Inferred Consent – It is assumed that the rules of
customary international law do not bind states
against their will
4. Future Practice of Customary International
Law
Shared benefits to be ensured in the practice of
future occasions. The customary international law
