法律英语词汇“customary international law”的翻译、意思、用法、释义-法律词典

单词

customary international law

释义

customary international law
What might be called the “common law” of the law of nations. It consists of a vast body of detailed rules that, until the dawn of the 20th century, constituted the chief body of international law. Many of these rules, such as those relating to maritime law, had their origin in the practice of a single state, the UK, which was able to impose its will until the rules came to be accepted by other states. Other rules, notably those relating to commercial transaction, had their origin in the voluntary practice of a small number of states and, being found useful and convenient, were gradually adopted by other states until the established practice became a binding rule. Customary law was thus almost of its nature an uncertain law. For this reason, during the 20th century increasing use was made of black-letter treaties to supersede customary law.

In Trendtex Trading Corp. v Central Bank of Nigeria [1977] QB 529 (CA) Lord Denning MR stated that rules of international law as they exist from time to time become part of English law automatically and should be considered as such unless they are in conflict with an Act of Parliament. However, the House of Lords in R. v Jones (Margaret) [2006] UKHL 16, [2007] 1 AC 136 held that custom does not form a part of common law but rather is a source of English law that the courts may draw upon as required. Their Lordships held that English law should either be based on a prior English judicial decision or the matter concerned should have been debated in Parliament, defined in a statute, and brought into force on a prescribed date. Further, in the absence of such statutory authority or prior English legal decision, the creation of new law would be inconsistent with a fundamental principle of our constitution.

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