Ohhh. So close. But you are still wrong.
As I noted earlier common law and customary law are the same thing.
Here's why:
Common Law Law & Legal Definition
Now YOU seem to think that only judges can make the common law -- or that a formal judiciary is required for there to
be a common law. But that begs the question. Who makes judgments on issues of international law? On what do they BASE those decisions? Isn't PRECEDENT the basis for the determination of what is (or isn't) "customary?"
I think you'd be on sounder theoretical footing if you denied that International "Law" is actually "law."
Oh the joy of explaining the basics of the law to people who lack any background in it.
Ok. Customary law is NOT based upon judicial precedent. What judges do has NOTHING to do with customary law. As was posted, customary law must be "reflected in State Practice".
Common law is based on judicial precedent OR the judges just make it up. See the State Secrets Privilege for an example. Reynolds v. US. The judges just made it up, basically. This is NOT allowed under customary law, where the only laws that are customary law are those which states have voluntarily followed for a period of time.
Yes it is a joy to explain the law to you ignorant types. But I also enjoy when you ignorati try to educate those of us who actually grasp the law.
Customary law is the key phrase that pays. If I show you another definition of "common law" that includes "custom" there is a chance (slim in your case since you are pretty dim) that you might BEGIN to grasp how wrong you have been.
Oh, please do. Customary law does not rely solely on custom. By the way, Common Law does NOT rely on custom. It relies on judicial precedent. It is so-called "judge-made law". Customary law is law that is made via custom. No judge needs to state that customary law exists for it to in fact exist.
Oh, please, do explain to me the complexities of the law. Please explain to me what erga omnes is and the difference between that and Jus Cogens. Please explain to me why the travois preparatoires is important in international law. Please explain to me the importance of the Turtle Bay cases and the difference between the ICJ, the ICC, the ICTY, and the ICTR.
Yeah. I actually know what the fuck I am talking about here. I doubt you know half the shit I mentioned. Common law is not customary law. Anyone who takes a basic int'l law course knows that.