can anybody please help me, just wondering to what extent is the formation of international law dependent on the state?
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- Thread Starter
- 21-07-2009 09:22
- 21-07-2009 16:03
I'm not sure what you mean by "the State". On the assumption that you mean what part individual States can play, then the general gist of it is that a State does not have to be involved in the formation of international law. Obviously a State can only be governed by a Treaty if it actually signs up to that Treaty. But customary international law can govern a State whether or not it has agreed.
However, there is this notion of the "persistent objector", by which a State can exempt itself from customary international law if it persistently objected before said law formed. The important points are that a State has to proactively object not just passively disagree - so if it does nothing that is not enough; and a State has to object BEFORE said customary law is formed, not after.
- 21-07-2009 16:06
What happened to reading textbooks?
Do you really think someone is going to be able to go into any detail on such a broad question on an internet forum?