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is a set of ideas which are specially selected for the ways in which states craft their legal environment.
betterment of the entire world. The state practices But it would be an error if dismisses CIL, either
within the legal framework are also important. because of the prominence of the treaty in modern
Powerful states should consider about the international relations or due to the theoretical
developing states prior their actions. The behaviour shortcomings of traditional CIL doctrine. Having
of the institutions in the state is also important in some law is better than having no law among the
tis aspect. Especially in the globalization process, international community. Even tough, a variety
many state sponsored organization are emgegin. of different legal modes are available to states
Conduct of such organizations also to be according when crafting their legal environment, CIL may
to the common development rules. There should be the weakest type of international law from a
be clear parameters constraining when States compliance standpoint. The fact that it is capable
can invoke the unwilling or unable standard. By of altering state motivations makes it an important
default the disturbances are conducted by non- tool for adding to the value of the international
State actors from the territory of a State, that legal order.
State must be accused of either unwillingness or
inability to act. MMGUR Gamage
Commander (C)
The development, maintenance or change of NRX 1844
customary international law should be taken place OIC- Advanced Training Centre
according to the will of the majority of countries. Sri Lanka Coast Guard
It is difficult to do any amendment according to
the preference of everybody. A weighing process is
recommended by M Byers (1999) by considering References
the opposing and supporting state practices. Such
kind of system may support to get the consent of Byers, M. (1999). Custom, Power and the Power
the states related to the existence of such rules. of Rules, International relations and Customary
International Law. Cambridge, United Kingdom:
5. Conclusion Cambridge University Press.
The origin of Customary International Law and the Cambridge Core. 2019. SELF-DEFENCE
way of its functioning is discussed in this paper AGAINST NON-STATE ACTORS: ARE POWERFUL
focusing on the significance and issues in the STATES WILLING BUT UNABLE TO CHANGE
system. It is understood that an interdependent INTERNATIONAL LAW? | International &
approach is concerned by the organizations than Comparative Law Quarterly | Cambridge
each and every law. The interdependency is based Core. [ONLINE] Available at: https://www.
on shared understanding among the organizations. cambridge.org/core/journals/international-and-
Powerful states might find it easy to function comparative-law-quarterly/article/selfdefence-
with the framework of CIL than less powerful against-nonstate-actors-are-powerful-states-
states. Further, it is expected that the interest of willing-but-unable-to-change-international-law/9
the powerful states might better survived but 256C35660E40D89BAFC9A9282DCC161.
the state practice is much important. It is a clear
evidence that the power plays a vital role in Cambridge Core. 2019. Revolution by Customary
implementing CIL which cannot be considered as International Law? | AJIL Unbound | Cambridge
a plus point. With traditional threats becoming to Core. [ONLINE] Available at: https://www.
nontraditional, this power factor becomes crucial cambridge.org/core/journals/american-journal-
with the emerge of the non-state actors. of-international-law/article/revolution-by-
customary-international-law/0E673963F7217DD
It is a fact that, customary international law is a B73619316C537F89D.
holistic system, in which different legal modes
complement each other. To emphasize only explicit Ochoa, Christiana, "The Individual and Customary
agreements at the expense of customary norms International Law Formation" (2007). Articles by
causes one to miss the effects of the significant Maurer Faculty. Paper 319.http://www.repository.
interactions between custom and international law.indiana.edu/facpub/319
agreements. By focusing the attention on
expectations as the source of legal commitments,
CIL can make international law and the countless
is a set of ideas which are specially selected for the ways in which states craft their legal environment.
betterment of the entire world. The state practices But it would be an error if dismisses CIL, either
within the legal framework are also important. because of the prominence of the treaty in modern
Powerful states should consider about the international relations or due to the theoretical
developing states prior their actions. The behaviour shortcomings of traditional CIL doctrine. Having
of the institutions in the state is also important in some law is better than having no law among the
tis aspect. Especially in the globalization process, international community. Even tough, a variety
many state sponsored organization are emgegin. of different legal modes are available to states
Conduct of such organizations also to be according when crafting their legal environment, CIL may
to the common development rules. There should be the weakest type of international law from a
be clear parameters constraining when States compliance standpoint. The fact that it is capable
can invoke the unwilling or unable standard. By of altering state motivations makes it an important
default the disturbances are conducted by non- tool for adding to the value of the international
State actors from the territory of a State, that legal order.
State must be accused of either unwillingness or
inability to act. MMGUR Gamage
Commander (C)
The development, maintenance or change of NRX 1844
customary international law should be taken place OIC- Advanced Training Centre
according to the will of the majority of countries. Sri Lanka Coast Guard
It is difficult to do any amendment according to
the preference of everybody. A weighing process is
recommended by M Byers (1999) by considering References
the opposing and supporting state practices. Such
kind of system may support to get the consent of Byers, M. (1999). Custom, Power and the Power
the states related to the existence of such rules. of Rules, International relations and Customary
International Law. Cambridge, United Kingdom:
5. Conclusion Cambridge University Press.
The origin of Customary International Law and the Cambridge Core. 2019. SELF-DEFENCE
way of its functioning is discussed in this paper AGAINST NON-STATE ACTORS: ARE POWERFUL
focusing on the significance and issues in the STATES WILLING BUT UNABLE TO CHANGE
system. It is understood that an interdependent INTERNATIONAL LAW? | International &
approach is concerned by the organizations than Comparative Law Quarterly | Cambridge
each and every law. The interdependency is based Core. [ONLINE] Available at: https://www.
on shared understanding among the organizations. cambridge.org/core/journals/international-and-
Powerful states might find it easy to function comparative-law-quarterly/article/selfdefence-
with the framework of CIL than less powerful against-nonstate-actors-are-powerful-states-
states. Further, it is expected that the interest of willing-but-unable-to-change-international-law/9
the powerful states might better survived but 256C35660E40D89BAFC9A9282DCC161.
the state practice is much important. It is a clear
evidence that the power plays a vital role in Cambridge Core. 2019. Revolution by Customary
implementing CIL which cannot be considered as International Law? | AJIL Unbound | Cambridge
a plus point. With traditional threats becoming to Core. [ONLINE] Available at: https://www.
nontraditional, this power factor becomes crucial cambridge.org/core/journals/american-journal-
with the emerge of the non-state actors. of-international-law/article/revolution-by-
customary-international-law/0E673963F7217DD
It is a fact that, customary international law is a B73619316C537F89D.
holistic system, in which different legal modes
complement each other. To emphasize only explicit Ochoa, Christiana, "The Individual and Customary
agreements at the expense of customary norms International Law Formation" (2007). Articles by
causes one to miss the effects of the significant Maurer Faculty. Paper 319.http://www.repository.
interactions between custom and international law.indiana.edu/facpub/319
agreements. By focusing the attention on
expectations as the source of legal commitments,
CIL can make international law and the countless
