Principle of Persistent Objector in Customary
Abstract
Rules of international law are of two types: treaty and customary. This article states that a customary rule is binding on any State, even if it did not participate in its creation. Yet, as the article makes clear, there is a possibility of exempting the State from the legal force of the customary rule if it is not agree with the custom. This article is dedicated precisely to the problem of the legal possibility for the State to contest a customary law rule and thereby release itself from the rule, as well as the conditions for the contestation. The research in the article has a documentary and theoretical basis. Documentary, it is the Statute of the UN International Court of Justice, the jurisprudence of the Court and the reports of the UN International Law Commission. And the theoretical basis of the article, these are the works of the authors on international law.