Customary International Law: State Practice and Opinio Juris
Customary international law examines how binding legal norms emerge through the general practice of states accompanied by acceptance of that practice as law. Unlike treaty law, which is grounded in formal written agreement, customary law develops through repeated conduct, legal justification, institutional recognition, and the gradual consolidation of normative expectation within the international community. This article explores the classical framework set out in Article 38 of the Statute of the International Court of Justice and deepens it through the International Law Commission’s contemporary guidance on identifying custom. It analyzes the two-element structure of state practice and opinio juris, the role of courts and tribunals in recognizing customary rules, the persistent objector doctrine, the problem of specially affected states, and the complex relationship between treaties and custom.






