Discuss how the treaties might relate to custom, as well as the Assignment

Discuss how the treaties might relate to custom, as well as the alleged existence of hierarchy among the sources of internationa - Assignment Example planetary law consists of the rules and principles of general application traffic with the conduct of States and of international organizations in their international dealings with one another and with private individualistics, minority groups and transnational companies. Since there is no international legislation or parliamentary body that had the mandate of coming up with international law, the generally accepted source of the rule of law has been customary international law. It arises from the concept that these laws arise from what is considered as common practice when countries are dealing with each other. Consequently international law can only be established if there is consent by states and is enforced by means of individual or collective action of individual or collective action of other states. ... Practice alone is not ad equate as was the case in the ruling of Case of the SS Lotus (1927).Secondly in has to be opinio juris that is a belief in it being a legal obligation in the states. As the International Court of Justice put it Not only must the acts concerned be a settled practice but they must also be such, or be carried out in such a way as to be evidence of a belief that this practice is rendered obligatory by the existence of a rule requiring it... The states concerned must feel that they are conforming to what amounts to a legal obligation2. Lets take for example the debt instrument for countries to give protection to ambassadors from other countries while they are on diplomatic missions within that country. This is an ancient custom which has been accepted as normal practice and a legal obligation expected of the host country. In case an ambassador is attacked in a country it would be considered as a violation of a customary international law. 3New states are automatically bound by the exist ing customary international laws. For a state to not to be bound by a rule of international customary law it must object to it during formation or become a persistent objector to it. Failure to archives such an objection may lead to the state being assumed to have accepted the customary rule of law. International Convections International treaties are contracts sign between states that are legally binding to all states that are party to the treaty. The reason for which states that sign a treaty are bond to it is because there is a rule of customary international law pacta sunt servanda- which requires all states to honour and adhere to the treaties they have signed. A state