The Impact Of International Practice On The Formation Of International Customary Rule

Abstract

It is legally established that states have the right to practice in the international arena as long as those actions are confined to the legitimacy of the place and the cause, and that such a right is fixed for international organizations as it is fixed for states, except that the first is confined to its actions within the framework of its legal personality, and although international decisions should achieve A set of conditions to serve as the basis for a customary rule, but the major countries monopolizing power and effectiveness in the contemporary international organization may use it as a tool to formulate customary rules in a revolutionary formative way. The international arena and what is happening on it revolves in the orbit of the major countries and their practices, so that the first is subject to the will of the latter in terms of action and practice, and in terms of the possibility of codifying those utilitarian practices to become a binding part of the rules that must be adhered to within the framework of international dealings. This means that the incorporation of the international customary rules is done in an uneven manner on the international arena, and that the contemporary international organization has infiltrated with a dress of speed and rapid development has introduced radical changes to the element of time in the formation of the modern international customary rule, allowing for the directed establishment of the customary rule that has removed it from its traditional concept in its familiar form. However, the concerned countries may avoid the formation of those emerging rules by protesting with legal controls instead of being reserved or remaining silent about what is happening on the international arena.