Palak Sharma, O.P. Jindal Global University, Sonepat
INTRODUCTION :
The inception of customary international law (CIL) is a complex journey influenced by historical, legal, and economic factors. While Europe played a significant role, attributing its emergence solely to Europe oversimplifies its origins. Medieval European legal systems like canon and Roman law undoubtedly impacted early conceptions of international law. However, it is crucial to recognize that various forms of international law existed in civilizations before Europe's dominance. Although European values influenced CIL within Europe, they were often imposed on non-European societies through colonialism, eroding indigenous legal systems and local traditions. The positivist method, central to codifying CIL, focused on state practice and opinio juris but was shaped by global interactions beyond Europe.1 The relationship between imperialism and CIL involved imperial powers imposing their legal systems on colonized territories, influencing international norms, and facing resistance from newly independent states. Prof. B.S. Chimni's insights on capitalism's role were significant, as capitalist expansion drove European states to colonize and shape legal frameworks governing international relations and trade. Therefore, CIL's genesis entails a complex interplay of historical, legal, and economic factors, enhancing our understanding of international law's evolution.
EVOLUTION OF INTERNATIONAL LAW
This reflective essay delves into the intricate development of international law, with a specific focus on customary international law (CIL). Through an examination of historical progressions, formalization procedures, challenges in implementation, and alternative viewpoints, the paper illuminates the complexities inherent in the international legal framework. It emphasizes the necessity of ongoing dialogue and cooperation to effectively tackle global challenges.
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