Examples of Customary international law in a sentence
Customary international law results from a general and consistent practice of States that they follow from a sense of legal obligation.
Customary international law requires the ECT to be “interpreted in good faith, in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.” Vienna Convention on the Law of Treaties art.
Customary international law protects the rights to life, security of the person, and health.
This duty is namely laid out in the 1948 Genocide Convention, which requires prosecution and effective penalties for the crime of genocide.55 The four Geneva Conventions oblige the High Contracting Parties to prosecute grave breaches of the Conventions and to enact effective penal sanctions.56 Customary international law also requires the investigation and prosecution of war crimes.57The duty to prosecute does not extinguish prosecutorial discretion entirely.
Customary international law applies generally to States regardless of whether they have ratified relevant treaties.
Customary international law develops from an interactive process in which different actors make and respond to one another’s legal claims.87 These actors might persistently advance conflicting claims, in which case the law remains unsettled, or they might converge around the same claim and create custom.
Customary international law, on the other hand, seems to be unintentional, undirected and unwilled human activity, which cannot be described as an ‘act of will’.116 It will have become clear throughout this article that Kelsen postulates that ‘positivity’ means that a norm is the ‘Sinn eines Willensaktes’.117 This has led a number of scholars to criticize him, especially with regard to customary law.
Customary international law recognizes that certain emergencies, such as war, may justify restricting some rights.
Customary international law does not preclude host states from expropriating foreign investments provided certain conditions are met.
Customary international law gives states broad authority to regulate ships that enter their ports.