Book contents
- New War Technologies and International Law
- New War Technologies and International Law
- Copyright page
- Dedication
- Contents
- Figures
- Acknowledgements
- Abbreviations
- Prolegomenon
- 1 International Law and the Use of Nanomaterials in War
- 2 The Three Technologies Using Nanomaterials
- 3 International Treaty Law
- 4 International Customary Law and Principles
- 5 International Environmental Law and Principles
- 6 International Human Rights Law
- 7 Conclusion and Recommendations
- Bibliography
- Index
4 - International Customary Law and Principles
Published online by Cambridge University Press: 20 January 2022
- New War Technologies and International Law
- New War Technologies and International Law
- Copyright page
- Dedication
- Contents
- Figures
- Acknowledgements
- Abbreviations
- Prolegomenon
- 1 International Law and the Use of Nanomaterials in War
- 2 The Three Technologies Using Nanomaterials
- 3 International Treaty Law
- 4 International Customary Law and Principles
- 5 International Environmental Law and Principles
- 6 International Human Rights Law
- 7 Conclusion and Recommendations
- Bibliography
- Index
Summary
As noted in Chapter 1, customary international law is a combination of State practice and opinio juris, or the intention of States to undertake a practice. Both are required to form customary international law.1 State practice must be ‘both extensive and virtually uniform’.2 Official State documents may evidence opinio juris.3 The distinction between treaty law and custom and principles is, in part, an artificial one. Custom is, over time, often embodied in treaty language.4 Treaty ratification can also contribute to State practice for the purposes of customary international law.5 Nevertheless, customary law can be established as an individual source of law.6 This chapter will provide an analysis of the general customary law and principles applicable to the laws of war, and then apply them to the three technologies, namely thermobaric weapons with nanomaterials, optogenetics and genetic modification.
- Type
- Chapter
- Information
- New War Technologies and International LawThe Legal Limits to Weaponising Nanomaterials, pp. 86 - 118Publisher: Cambridge University PressPrint publication year: 2022