Customary Law as a Main Source of the International Law

Mihail Niemesch, Acad Radulescu
2015 Journal of Law and Administrative Sciences   unpublished
The emergence of the international law belongs to time immemorial. It was formed and evolved within the international relationships, which it created, consolidated and developed. The international law is tightly connected to the organization of the human society, to the state formation and to the international relationships between various subjects of international law. The international law as well as law in general represents a consequence of the social needs, aiming at the regulation of some
more » ... regulation of some specific relationships. Besides the treaty, the custom is a main and traditional source of the international law. Obviously, it cannot be ignored the important contribution of the principles of law in the formation and consolidation of the international law. We should specify that the modern society has begun "to require" the law codification in general, therefore also the codification of the international law, requirement that is based on the accuracy of the written form of law. On this background, the role and the importance of the custom in the system of the sources of law has started to decrease.