The Relevance Of Customary International Law In Modern International Relations
- IJLLR Journal
- Sep 20
- 1 min read
Roshan Sawant, Thakur Ramnarayan College of Law
ABSTRACT
A key tenet of international law, customary international law (CIL) continues to have a significant impact on diplomatic relations, global governance, and the creation of new standards in a world that is becoming more and more codified. This study looks at CIL as a set of unwritten laws that are based on states' regular practices and the understanding that these actions are motivated by legal obligations (opinio juris). The paper describes the two components of CIL, opinio juris and state practice, highlighting their crucial role in creating legally binding international norms that endure even after formal treaty ratification. The development of CIL is specifically discussed, along with its historical underpinnings, authoritative articulation in Article 38(1) of the ICJ Statute, and ongoing discussions regarding its identification and application in light of current issues like fragmentation, non-traditional scholarship, and the emergence of environmental and human rights law. The research emphasizes CIL's "automatic" binding effect, its gap-filling role in the absence of treaties, and its adaptability to complex and emerging areas of international concern through a thorough examination of key case law, academic opinion, and statutory provisions. With an emphasis on India's constitutional framework and jurisprudence, the study delves deeper into the relationship between CIL and municipal legal systems. It illustrates how the judicial acceptance of CIL and certain international treaties marked the shift from dualism to monism. The study comes to the conclusion that, in spite of difficulties and varying interpretations, CIL's universal applicability, normative power, and potential to influence both domestic and international law confirm its ongoing significance for modern international relations.
