| Abstract [eng] |
Custom is one of the oldest and widely recognized legal sources. In addition, despite existing different approaches, custom is considered to be one of the most significant legal sources of international law. International custom consists of two elements: 1. objective - state practice, which must also fulfill the requirements of consistency, repetition, duration and generality; 2. subjective - the recognition of certain practice as legally binding. Both above mentioned elements are of significant importance in the formation of customary rule. International custom is also closely related to the doctrines of "persistent objector", "instant" custom and jus cogens norms. Finally, it must be noticed that, despite the existing codification tendencies, international custom still remains a very important source of international law. |
