The document discusses the distinction between usage and custom in international law, explaining that usage refers to repeated actions by states, while custom emerges when these actions are recognized as obligatory. Custom is defined as a usage that has gained legal force through general acceptance among states. The formation of custom involves various factors, including state interests and diplomatic conduct, with the ultimate test being the consent of civilized nations.
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Difference Between Custom and Usage
The document discusses the distinction between usage and custom in international law, explaining that usage refers to repeated actions by states, while custom emerges when these actions are recognized as obligatory. Custom is defined as a usage that has gained legal force through general acceptance among states. The formation of custom involves various factors, including state interests and diplomatic conduct, with the ultimate test being the consent of civilized nations.
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Development or formation of a Custom
(a), Custom and Usage? — Usage means those actions which are often
repeated by the States; custom on the other hand emerges, when
a(clear and continuous habit of doing certain actions groys. up
under the aegis of the conviction that these actions are rightCustom
is such a usage as has the force of law. Usage is an international
habit which has yet not received the force of law.
usage represents the twilight zone of custom, custom begins where . -
usage ends. When States in their international relations start bchaving in a
particular way in certain circumstances, it is expected that in the similar
circumstances they will behave in the same way (usage). But when this
usage receives the general acceptance of recognition by the States in their
relations with each other, there develops a conception that such a habit or
behaviour has become right as well as obligation of the State and in this
way usage becomes the custom. \ Westlake defines custom as “that line of
cont which dhe sosity has consented. t-reats-sbisto y. The
obligation arises from fear of enforcement before the courts.
~~ usage may or may not give rise to a custom. Together with usage -'-
there are a number of other purely factual phenomenon — State interests,
powers, factors, general opinion, historical events, étc. which contribute to
the creation of international customs. A usage crystallize into a custom
through the conduct of the States at the diplomatic level, actions or
ements of various States, foreign policy documents, speeches of delegates
international conventions and conferences, practice of international organs
ike the U.N., ICJ, etc. The decisions of municipal courts of States, military
administrative tribunals in their deliberations and proceedings, following
Specific usage in practice, convert a usage into custom.
the true test whether a usage has crystallized into a custom is that
Must n consent of civilized nations of general
‘of opinions. As to the question of long continuance of the usage
» “Before a usage may be considered as amounting to a customary rule of
international law, the material and psychological aspects involved in the
formation of the customary rule must be established”. Discuss. [.4.5.- 7]
A palaainliadi 8 he
Q3. Define Personality and Discuss Its Nature. Explain The Legal Status of The Unborn, Children, Minor, Lunatic, and Dead Persons With Case Laws. (15 Marks) (7 Times Asked)
