Обичайните норми на международното право и възможността за тяхното оспорване
THE CUSTOMARY NORMS OF INTERNATIONAL LAW AND THE POSSIBILITY OF CHALLENGING THEM

Summary/Abstract: The customary norms of international law, if universal ones, i. e. if they are effective with regard to the states throughout the world regardless of their geographical location, are automatically applicable to all states, whether or not they have participated in the creation of the norms, and regardless of their attitude to these norms – each state is bound by the universal customary norms even if it does not recognize them. And yet, states are independent participants in international relations, and, under certain conditions, this provides them with grounds for being exempt from a customary norm, i. e. for preventing its legal effect on themselves in case they do not agree with it. For this reason, it is necessary for the state to challenge the norm, however, the said challenge is subject to two conditions. The first one is that the practice of the norm should be challenged even before the norm comes into being, i. e. as early as the norm is in the process of its formation, because at that time it is still in the form of practice only. The second condition is that the challenge to the practice must be persistent, consistent and persevering – the state should raise an objection each time the practice it disagrees with is carried out.

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