Nature of Customary International Law: All We Need Is Practice
Nature of Customary International Law: All We Need Is Practice

Summary/Abstract: The main objective of this paper is to critically assess the dominant additive theory of the formation of Customary International Law by using the concept of discursive normative practice and the work of Gerald Postema. My central conclusion is that the use of this concept provides an explanation of the process of formation of Customary International Law that is superior to the additive theory which consists of two elements – practice and opinio juris. On the other hand, Postema’s theory also has its own weaknesses, and this paper explores ways to improve it.

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