CODING OF CUSTOM RULES IN DIPLOMATIC LAW
CODING OF CUSTOM RULES IN DIPLOMATIC LAW

Summary/Abstract: Custom represents a second source of international law, which represents a usage with a definite obligation that followed by a state even though no formal written agreement exists to define the obligations. Many of the rules that originally governed such diverse areas as jurisdiction over territory, freedom of the high seas and the privileges and immunities of states and diplomats. Determining a customary rule of law can be a very difficult process. By definition, a customary rule must have two distinct elements: a material element defined by system etic practice over time and a psychological element, the opinio juris or evidence that states consider the practice as a legal obligation. Repeated practice does not offer sufficient evidence of the existence of a legal custom.

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