Does any one agree that the ultimate source of all International Law is still customary international Law?

Question

It seems that even generally well accepted multilateral Treaties ultimately derive their legal status as an authoritative source of International Law from customary International Law.

Answer 1

No, you have it wrong. The MAJORITY source/origin of international law is customary international law. That does not make it the ultimate source. Because international law is in flux, and it depends on consensus.

Bear in mind that much of what we consider settled international law did not exist a century ago, or even just over half a century ago: human rights law is new. "Nationality" did not bear its present meaning until after decolonization. Just over a century and a half ago slavery was rampant. Women did not have the vote in Switzerland -- scarcely an outlaw in the international law sense -- until the 1960s.

Indeed, women's rights as a concern of international law probably depend on CEDAW.

International law is comprised of customary law, treaty law, decisions of international and domestic tribunals (principles "common to the legal systems of nations"), declarations of multinational bodies, and opinions of scholars and jurists. It is consensus that makes international law; and consensus values tradition.

But what do I know. Just because I sat next to Ian Brownlie at a dinner a few years ago does not make me an expert in public international law. Which is, I suppose, the branch you are referring to. ("All international law" would include private international law -- in the USA known as "conflict of laws". On that I could write with more personal authority.)

Answer 2

Customary International Law is the origin of most laws because it evolved from generally accepted principles adopted by most countries. It is derived from natural law which dictates that only good customs are adopted after a long period of time in traditions.

Answer 3

The law at the moment is completely hopeless.

Answer 4

you now what i thing the law smells i dont care about it to me i thing its rubbish

Answer 5

It's every monkey for himself.

Answer 6

who the hell cares

Answer 7

i think so?