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Customary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law.
The vast majority of the world's governments accept in principle the existence of customary international law, although there are many differing opinions as to what rules are contained in it.
==Recognition of customary international law==
The International Court of Justice Statute defines customary international law in Article 38(1)(b) as "evidence of a general practice accepted as law."〔(【引用サイトリンク】 url = http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0 )〕 This is generally determined through two factors: the general practice of states and what states have accepted as law.〔Yoram Dinstein. 2004. ''The Conduct of Hostilities under the Law of International Armed Conflict'', pp. 5. Cambridge: Cambridge University Press.〕
There are several different kinds of customary international laws recognized by states. Some customary international laws rise to the level of ''jus cogens'' through acceptance by the international community as non-derogable rights, while other customary international law may simply be followed by a small group of states. States are typically bound by customary international law regardless of whether the states have codified these laws domestically or through treaties.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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