Customary International law, described as law derived from the general practice of

states, is the oldest source of law. Together with treaty, customary international law is
recognized as the primary source of international laws. The rules of customary
international law bind all states. The derivation of the customary international law is
based on two factors. First, there must be a general, uniform and consistent practice by
the state. Second, there must be opinio juris, which can be described as the belief that
the practice of the state is obligatory and not habitual. A law can only be created if these
two factors are present. Examples of customary laws are the immunity giving to foreign
diplomats who commit crimes and the right of foreign ships to pass through foreign
territories without any harassment. Customs has been a source of laws since the early
Roman ages and is still relevant today, but to an extent. Today, treaties with its written
definite rules and obligation have become the predominant instrument of international
legal cooperation. The emergence of new states after decolonization and other
compounding factors have gradually eroded customary international role as a source of
international law, however, customary international law maintains its relevancy due to its
flexibility nature, that is its ability to adapt to the needs of time.
Presently, customary international law as a source of international law is on a steady
decline due to the gradual replacement of old customs by new practices. For example in
the colonial era India was part of British Empire and so was obligated to cooperate with
allies of Britain. Today this cannot be possible since India is no more part of Britain and
therefore is not obliged to cooperate with previous allies of Britain. Moreover, the diverse
nature of the international world in post-colonial era makes difficult for the new custom
law to emerged and be generally accepted. Also, inability of custom laws to have definite
and precise legal rules like those of treaty, makes it unfavorable since it is difficult to
assess the scope of states practice.
Nevertheless, customary law still remains an important source of international law.
The dynamic nature of customary international law is very important to the ever-evolving
world. Conflicts that are likely to arise can be resolved or avoided through legal
guidelines, which can be conjured at the moment rather than through definite legal
obligations of treaties. Treaties are too rigid to deal with complex issues and
instantaneous conflicts that may arise. For example, State A and State B commit to
agreement to limit the amount fishing, the moment the find out that over fishing can
destroy their fishing industry in their territories. This agreement may be prove beneficial
to surrounding states since they are facing the same problem and thus, will adopt this
norm. This norm will then eventually lead to the formation of customary law. In this
scenario, if a treaty had been used the agreement would not have been as successful since
the only two states would have been obliged to agree to this norm and also precise legal
rules of treaty will have been too cumbersome .
Another usefulness of customary international law is that it able to fill the void other
sources of law such as treaty fail to induce cooperation among states. It may serves as the
guidelines for future laws to be enacted.
In conclusion, customary international law will never be irrelevant as a source of
international law because it allows international law adapt to the needs of time.
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