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Conclusion: (1969) I.C.J. Rep. 3

Customary international law develops from states' widespread and consistent practice over time and can become a binding rule. While traditionally customary law required a significant passage of time, the ICJ has also accepted that new rules can form rapidly through highly representative practices. However, critics argue that customary international law is too slow to accommodate recent rapid changes in international activities and cultures. Supporters counter that custom remains an important dynamic process for law creation with universal application.

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Conclusion: (1969) I.C.J. Rep. 3

Customary international law develops from states' widespread and consistent practice over time and can become a binding rule. While traditionally customary law required a significant passage of time, the ICJ has also accepted that new rules can form rapidly through highly representative practices. However, critics argue that customary international law is too slow to accommodate recent rapid changes in international activities and cultures. Supporters counter that custom remains an important dynamic process for law creation with universal application.

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CONCLUSION

Custom is regarded as an authentic expression of needs and values of the community at any
given time. In international law is a dynamic source of law in the light of the nature of the
international system and its lack of centralized government organs.
The duration of a particular international states practice is what qualifies it into customary
international law. Customary law systems generally suppose that the rule that they apply are
long-established. The main reason for the concerned with time is a matter of authority. Proof that
a practice has long been followed is good evidence that the rule evidence d by the practice is
firmly established. The main challenge with regards to the time factor, are concern with the
speed of creation of new rules and the effect of protest.
On the other hand , in the North Sea Continental Shelf case in 19691 ,the ICJ expressly accepted
the possibility that a wide spread and representative practice could generate a rule of customary
international law even without the passage of any considerable period of time. This is referred to
as instant customary law.
Critics of this source of international law have denied its significance today stating, it is too
clumsy and slow moving to accommodate the evolution of international law any more. Hence,
since international law now has contended with a massive increase in the pace and variety of
state activities as well as having to come to terms with many different cultural and political
traditions, the role of custom is perceived diminished.
The pro custom as a source of international law, recognize it as a dynamic process of law
creation and more important than treaties since it is of universal application.

1
(1969) I.C.J. Rep. 3.

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