Yu. Romashev

Evolution and Cessation of the Existence of Customary Rules of International Law

2019. No. 4. P. 122–143 [issue contents]
The doctrine of international law pays a lot of attention to the formation norm of customary international law. At the same time, it is quite rare to find studies on their evolution and the end of existence. In this article, therefore, based on a dialectical approach, the use of scientific research methods, and such private-scientific methods as a comparative legalmethod, as well as methods of legal modelling and legal forecasting, the results of the study of the evolution norm of customary international law, as well as their extinction,are presented. In the case of the established norms of customary international law, their evolution provides for a stage of their qualitative change, development and isconditioned, first of all, by the needs of the development of inter-State relations.Evolution is accompanied by clarification of the elements of such norms. At the sametime, the emergence of a new norm is not possible without violations of existing ones, andoffenders, deviating from the established norms, with international legal responsibility, atthe same time must explain to other States the reasons for such behavior. This practiceis mainly related to the dispositive norms of international law. In order for a new normof customary international law to be formed, it is necessary that the deviation from theprevious norm be massive, initially local and, in the future, universal. The criteria for theformation norm of customary international law are applicable to assess the changes thatare taking place. The main factors that may influence the evolution norm of customaryinternational law include the emergence of a non-existent rule of amended new rule inthe laws of states, the international treaty, and the new international soft law. Codificationand the progressive development of international law contributed to the evolution normof customary international law. It is important to note that, in the absence of the needs ofsocial development, as well as appropriate practice, the norm of customary internationallaw dies. In this case it is possible to create fundamentally new norms of customary international law, and in the future their evolution.
For citation: Romashev Yu.S. (2019) Evolution and Cessation of the Existence of Customary Rules of International Law. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 122–143 (in Russian) DOI: 10.17323/2072-8166.2019.4.122.143
Citation: Romashev Y. (2019) Evolyutsiya i prekrashchenie sushchestvovaniya obychnykh norm mezhdunarodnogo prava [Evolution and Cessation of the Existence of Customary Rules of International Law]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 122-143 (in Russian)
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