3 Basis

Question

3 Basis

Accepted Answer

TheoryClaimWeakness ConsentStates are bound because they agreedNew states never agreed to existing custom CustomBinding practice creates obligationPractice may be convenient rather than obligatory Natural lawCertain principles bind regardless of consentThe content of the principles is contested Necessity of the systemStates need predictable rules to coexistExplains why law exists, not which rules bind The practical compromise is that consent explains most obligations, while peremptory norms (jus cogens) explain the ones that cannot be escaped.

Theory	Claim	Weakness
Consent	States are bound because they agreed	New states never agreed to existing custom
Custom	Binding practice creates obligation	Practice may be convenient rather than obligatory
Natural law	Certain principles bind regardless of consent	The content of the principles is contested
Necessity of the system	States need predictable rules to coexist	Explains why law exists, not which rules bind

3 Basis

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