Customary Law

Fair principles of practiced virtue and regulations that last a long time are referred to as customary laws. Countries use these as a guide for their everyday operations and diplomatic relations. Laws connect nations to follow the policies of another country on the world level. It is worth noting that these laws are not recorded and depend on continuity in operation (Kingsbury 24). The consistency of countries and cultures exerts some moral strain on those who enter into arrangements with them. Each country has a customary law that focuses on several areas of the society like trade where a country observes the sale of a particular percentage of a farm product to their country’s industries before exporting. If another firm has to invest in the same sector in that country, she will be under pressure to obey similar laws. If the state sets the minimum quantity they have to sell domestically at 60%; then each firm commits to the same proportion. Kingsbury (24) adds that the continued practice of this prepares all countries or institutions operating globally to first check with the countries they plan to trade or have simple development projects with.

Once an institution, people or country understands the customary laws in another country, they remain under the moral compulsion to do as the countries do. The advantage of this is the uniform behavior that a country will have, in the local and international spheres. Such obligation acts as a pressure upon the people so that they avoid appearing as a misfit internationally.

Opinio Juris

The international community wonders why they have to stick to opinions of another country in enforcing the customary law. It all depends on the attitude that a state has towards some laws, denoting their regularity (Cornell University, 2016). Combining this with the state practice becomes an advantage in establishing the legality of the customary law. The advantage of using it is the existence of acceptable historical proofs of the same laws. To prove the application of common law, a country does not need to provide any detailed explanations of the same. It is an advantage to the country observing the law.

The major disadvantage is the lacking explanation on how widespread the practice has been in place. A country may come up with outdated customs to fit their situation. Since it is a belief and acceptance as customary law, it becomes difficult to object. In this case, the consistent practice over time lacks, but the binding concept of the law remains (Cornell University, 2016).

For the two cases, sources of evidence are historical records and trends in a country. The implications of the laws should be regular in both old and current status of a country (Cornell University, 2016). If, for example, a state that depended on agriculture in the past could not sell all her farm produce a century ago, it the effects of the same practice should be assessed to establish the truth. In doing so, the historical changes in the same practice will determine if it still influences the ambitions of the country, and spreads to affect their bilateral agreements.



Works Cited

Cornell University. "Opinio Juris (International Law)." International Law, Legal Information Institute, 2016, www.law.cornell.edu/wex/opinio_juris_international_law. Accessed 30 Jan. 2017.

Kingsbury, Benedict. "The Concept of ‘Law’ in Global Administrative Law." European Journal of International Law, vol. 20, no. 1, 2009, pp. 23-57, Oxford Academic. academic.oup.com/ejil/article/20/1/23/444762/The-Concept-of-Law-in-Global-Administrative-Law. Accessed 30 Jan. 2017.