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As customary international law is based
on the international obligations from the established state practices, rather than
international obligations from formally written treaties, customary
international law serves as a valuable source of normative pressure within the
international system. Customary international laws are considered to be the
“foundation of the modern law of nations,” because it is the prime source of
international law. This means that the laws of states and international legal
individuals impact the terms of a customary international law, that make custom
laws a binding law (Nantais, 2018; Wood, 2017). If forced, most states
may be capable of relying solely on their own resources and laws for survival,
therefore, states used to be given the option of declining the privilege and
opportunity to partake in a “community under law.” Due to the common reason for
states’ decline, a principle of international law is that states must consent
to a law prior to being legally bound by it. This action is done by customary
international law. According to the Rule
of Law Institute of Australia, the International Court of Justice has, however,
“ruled that states cannot opt out of customary international law either in full
or in part.” Without an option of opting out, this can make states feel as if
they are being forced to abide by the norms of the international system. When a
widespread treaty is agreed upon, evidence shows that the agreed rules are opinio
juris, which therefore binds all states whether adopting the treaty or not (Wood,
2017).

(254 words)

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I disagree with the statement that “Customary
International Law remains an important and necessary source of international
law.” Customary laws have many issues, ranging from modernized international
relevancy to its consistency. The main issues are the outdated laws that are
not applicable to new states, as they were not involved in the creation of old
customs. Custom International Laws tend to be outdated due to the fact that it
is unable to pace itself and address new conditions of the rapidly changing
political world. Socialists and the less developed nations have argued the need
for customary laws to be reviewed; the option of relying on customs to control
new legal situations have been decreasing, since treaties are successfully capable
of putting together updated rules. Despite the lack of relevancy to legal
modern-day situations, Customary International Law lacks consistency. When the
decision of a state, observer, or judge concludes that there is an evident norm
in a custom, another state, observer or judge, however, may not come to that
same conclusion, hence the fact that evidence of customs are based on subjective
examination because of the diversity of states’ behavior (Nantais, 2018). Consistency is an essential aspect of Customary
International Law, as it exposes the principle between states (Dixon, 2013). The development of Customary International
Law can create, instead of preventing conflicts from arising.  Conflicts tend to arise mainly because there
are no compromises between states, as every state differs politically,
economically, and ideologically. As one state may intend to create customary
laws, another state may intentionally behave in a way to obstruct the
establishment of that customary law if it conflicts with the views of laws of
that particular state (Nantais,
2018). Customary International Laws are not as
beneficial as portrayed. 

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