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The Role of International Custom in Public International Law
Šinková, Barbara ; Šturma, Pavel (advisor) ; Lipovský, Milan (referee)
The Role of International Custom in Public International Law ABSTRACT Besides international treaty, international custom is one of the main sources of a public international law. Although international custom is systematically taught in elementary courses of public international law and it forms the basis of this field, it still remains a subject of many discussions. Possible interpretations of international custom are provided by International Court of Justice in its case law, by other authors currently active in public international law and also by the International Law Commission, sessions of which (among other things) aim to clarify this matter. The inconsistency in the identification of the main elements of international custom, the unclear role of international organizations, different theoretical opinions concerning the relationship between general practice and opinio iuris and relationship between treaties and international custom are the core questions of this thesis. To these ends, in its first chapter this thesis firstly delineates the historical development of theoretical constructions concerning international custom. In the second and third chapter, this thesis analyses in detail two elements of international custom (general practice and opinio iuris), which are illustrated on cases of the...
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