A formação do costume internacional na atualidade

Abstract

Customary law, the oldest source of international law, is composed by two cumulative elements: State practice, its objective element, and opinio juris, its subjective element. hese two components have adapted to the very evolution of the political and social conditions of the international society, allowing the custom to be a malleable legal source, able to follow the paradigm shits in the international law. herefore, one cannot deny that customary norms are formed today in a very diferent scenario from the one identiiable in the middle of last century. Under these circumstances, the study of the customary law must also be performed according to these new conditions. Following this methodology, the present paper aims to study the formation of customary rules in the light of the current status quo, in order to point out the special features of the contemporary international law and their impact on the customary law.