On Reconstructing the Customary International Law-A Perspective from Interest Balance between Global South and Global North
The political purpose of customary international law lies on the core of reconstructing the customary international law.The universalities of customary international law and its promotion by the rising developing countries constitute the necessity of reconstructing of customary international law.Meanwhile,the function of customary international law in the distribution of international interests and the shaping of political order has been obscured by academic classifications.The distinction between"formal source"and"substantive source"of customary international law may have shrouded the political intentions in the formation of customary interna-tional law in the post-colonial era and overshadowed the expressions of some"meta-concepts"as ideas,cultures,and values in customary international law.The conflict of interests between Global North and Global South re-flected in customary international law lies not only in the unequal discourse power distributions,but also in the ignorance of expression demand for the latter,which is obvious both in traditional and modem procedures of the formation of customary international law.Therefore,it is necessary to construct a"postmodern"customary international law based on the principle of prudence and rationality.It boasts universal judicial justice,and takes into considerations of legal practices and opinio juris of developing countries.By this,to narrow the gaps and contradictions between Global North and Global South in the formation of customary international law and the distribution of interests.
customary international lawsources of international lawpolitical purposediscourse power distribu-tioninternational law as global governance
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