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The making of international law has passed through the various dynamic
stages of international relations. International Customs as the foremost source of
international law and sometime regarded as meta-laws, have been under consistent
debate. Some legal scholars are stringent not to disturb customary international law
(CIL) as possessing the status of meta-laws which ultimately leads to the very logic of
static nature of CIL. However, in the process of codification, negotiation for
international treaties has become an overwhelming phenomenon and some scholars
have argued not to rely much on CIL. Therefore, an argument can be established that
international customs are in phase of constant negotiation and readjustment which is
contrary to classical nature of international law and these CIL can be termed as
“negotiated customary international law.”
Dr. Shakeel Ahmad. (2020) Negotiated International Customs: Dynamics, Transformation and Codification, Orient Research Journal of Social Sciences, Volume 5, Issue-2.
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