Customary customary international law; whether it is problematic

Customary
international law is viewed as one of the main foundations of international
law. It is the oldest as well as the broadest source of international law. Compared
to treaty law, customary international law (CIL) has the capability to
universalize international law. This is because all the other guidelines of law
materialized from customs. Even the rules of treaty law came from CIL. Some critics
refute the continuous importance of CIL as a source of law in the modern world.
It is argued that it is too clumsy and slow moving to accommodate the advancement
of international law any more. Others state that it is a dynamic procedure of
law formation and more vital than treaties. Alternative view also recognizes that
CIL is important since it is initiated by spontaneous conduct and thus mirrors
the modern worries of society.

Nevertheless,
certain scholars perceive that the role of customary international law is as
much lessened because of the enormous rise in the pace and diversity of state actions
and the influence of different cultural and political traditions over the formation
of customary international law. There are numerous reproaches by scholars on customary
international law; whether it is problematic to understand, to navigate, or
because traditional international law has taken over. Hitherto, there have been
disputes by international lawful scholars to not barely offer their own philosophies
on the worth of customary international law, but also lawful theorists have
also exemplified–through numerous chronological legal examples, the worth of
customary international law. For example, Guzman looks at international
customary law from the position of rational choice. He does argue that
customary international law, is difficult to enforce. All this proves that
although customary international law may not be a strong source it is still one
which is relied upon by international law.

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