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The impact of unilateral actions in the formation of customary international rule | ||
| Journal of Kufa legal and political science | ||
| Article 1, Volume 8, Issue 23, 2015, Pages 169-203 | ||
| Author | ||
| Abdul Rasoul Karim Mehdi Abu Saiba | ||
| Abstract | ||
| Customary international law is one of the most important subjects in public international law, because it is main source of rules of public international law according article 38, paragraph 1/b of statute of international court of justice, in addition to any jurisprudence resource in public international law contains custom in its main vocabularies. In fact, in spite of above, customary international rules is one of the most complex and disputatious subjects and thus, international law commission adopted identifying of customary international law in its studying program between 2010-2016. The special reporter Michael Wood wrote two reports about customary international law in 2013, 2014, and he will write the final report at 2016. My research contains two chapters in addition to conclusion. The first chapter topic is:" the definition of customary international rule ", which contains two subtopics: meaning of customary international rule, obligatory basis of customary international rule. The second chapter topic is;" effect of unilateral legal acts on formation of customary international rule ", which contain; protest, reservation and acquiescence. The conclusion contains many important results as follows; 1. No certain criteria accepted from all, for evidence and formation of customary international rules. 2. Opinio juris is result of the material element of customary international rule, and therefore it represents essence of customary international rule, or in other words, it becomes customary international rule itself. 3. There is important effect of unilaterally legal acts on formation of customary international rule, such as; protest, reservation and acquiescence. 4. Protesting State not bound by customary international rules, and reservation on treaties prevent transformation provisions to customary rules, and acquiescence not prevent formation of customary international law – according subjective theory-. | ||
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