ABSTRACT
This chapter examines the traditional doctrine as to the constitution of customary international law, and its applicability to developments in the field of customary international law. Customary international law is generally described as that body of rules which has evolved from the practices and usages of nations and which has by constant repetition, and the conviction that the recurrence is the result of a compulsory rule, acquired the force of law. A special custom is a derogation from existing customary international law, and the practice from which it is constituted is made up of claims or assertions made by one party and acquiescence. Conventional rules which are norm creating could be regarded as rules of customary international law, where there is a general practice by non parties to the Convention based on such rule, and such practice is in pursuance of a conviction as to its binding nature.
