Sociology | Mercantile Law | International Law | International Relations

Though in the modern times customs have faced a setback but still its importance as an earliest source of international law is prevailing.

Meaning
Literal meaning of custom can be taken as ‘a habitual practice or usage observed continuously’.

Definition

• Austin
  According to Austin, “Custom is a rule of conduct which the governed observes continuously; not in pursuance of law set by a political superior.”
• Professor Carter
  “Custom is the uniformity of conduct of all persons under like circumstances.”

Custom and Usage
Starke said; “Usage is the early stage of custom. Where a custom begins, usage ends there. It is international habit of action that has yet not received full legal attestation.”

In simpler terms; when a state start behaving in a same manner under like circumstances, a usage emerges. But there is no rule to determine the stage at which usage gets converted to custom.

Validity of Custom
A custom is valid if it carries the following attributes;

• Reasonableness
• Conformity with Statute Law
• Conformity with Public Opinion
• Observed as a Right
• Immemorial Antiquity
• Continuously in Practice
• Certain and Definite
• Peaceable Enjoyment