Щодо особливостей формування міжнародно-правових звичаїв

Abstract

The article is devoted to the peculiarities of the formation of international legal customs in modern international law. The growing role of contractual relations has not been able to transform customary law into exclusively contractual law. The existing system of international law could not be imagined without international custom for several reasons: first, various branches and institutions in modern international law partially or even completely consist of customary norms, and secondly, in those areas where treaty regulation is impossible for various reasons, more and more new norms of customary law continue to arise. There are many opinions on the issue of creating customary norms of international law in international legal Science. The main question is whether these norms are formed through the interaction of the will of states or whether their appearance is not due to the participation of the will. In its historical development, custom as a source of international law has long been the most important procedure for forming international legal norms. This was due to the fact that the interstate system has never had a legislative body that would adopt such legal norms. For this reason, many international legal norms were created on the basis of the Customs and practices of states, which is why they had the character of customary legal norms. The main approach to the formation of an international legal custom is studied. The main components of international custom are considered and their exhaustive characteristics are given. The role of international custom for modern international law is clarified, as well as the indication of the need for further development of this issue in the domestic legal field for its effective use in international relations. Theoretical foundations of substantiation of nature of international custom are determined.