International law cases and commentary

Customary international law has been deemed a source of international law under Article 38 (1) (b) of the Statute of the International Court of Justice.

The Articles of the International Law Commission (ILC) on the Responsibility of States for Internationally Wrongful Acts (ILC Articles on State Responsibility) provide in Art. 41 (2) that 'no State shall recognize as lawful a situation created by a serious breach' of an obligation arising under a peremptory norm of general international law.

This comprehensive Commentary on the Statute of the International Court of Justice, now in its third edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure.

The main critiques of Customary International Law are that the two requirements of state practice and opinion juris are too simplistic

There is not enough guidance from scholarship vis what is meant by these two requirements

Customary IL is in the ‘eye of the beholder’

There is no reason for the rule of custom or lack thereof

This comprehensive Commentary on the Statute of the International Court of Justice, now in its third edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure

The book introduces the history and nature of international law and its sources—treaties, custom, general principles, jus cogens, and equity

It explains how international law is applied in U