Professional Documents
Culture Documents
Classification of Sources:
1. Formal Sources refer to various processes by which
rules come into existence(ex. Legislation)
2. Material Sources (evidence of international law)concerned with the rules substance and content of the
obligation,
I. Custom
-2 Elements:
-Elements:
1. duration of practice(diuturnitas)
2. consistency of practice
3. generality of practice
-duration could be short of long
- duration is not the most important
element, continuity and generality are
more important
>Paquete Havana Case ancient usage, centuries ago
may ripen into international law
>North Sea Continental Shelf Case short duration
wont exclude the possibility of a practice maturing into
custome provided other conditions are met, practice must
be uniform and extensive as to show a general recognition
that a law is involved
>Asylum Case no showing of a constant and uniform
practice of unilateral qualification as a right
>Nicaragua v USA generality need not be complete but
must be substantial