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1.

Is it fair for states to have customary international law as a source of


binding rules?

Given that the application of customary international law by states as a


source of holing rules is just a matter of contention, toeing the line between
the ups and downs. Although customary international law grants evolving
state practices and principles a certain amount of flexibility and adaptability,
the opposite happens concerning democratic legitimacy, accountability, and
representation in general, as these institutions work outside of traditional
democratic procedures. However, there is a risk of customary international
law being used for the promotion of the interests of powerful countries or
even regional groups, which may, in turn, cast doubts on its universality and
perceived fairness it. However, the institutional foundations of customary
international law provide us with stability and order by promoting consistency
and predictability in international relations. In addition, treaty law
confrontations and issues of weak enforcement mechanisms can be the
points that will hamper its effectiveness and fairness. Consequently, the
issue of the reliability of the states in this customary international law system
is closely related to issues of representation, consistency, enforcement, and
adaptability of international law.

2. Are international organizations considered as equals of states by


international law?

International relations do indeed regard international organizations as being


no equals to sovereign states in the rigorous definition of the term. States as
the most important actors in international law's realm hold the sovereignty
and the capacity to perform the act of entering legal agreements with foreign
states and international organizations which are all legal subjects.
International organizations, however, represent the states they are formed
by, either through observer status or by law. The international organizations
act on behalf of their member state within the scope of their delegated
powers. Sustaining the stability of the international legal system relies on the
significance of international institutions and the fact that these organizations
are inside the legal framework of states and under the power of those states.
On the other hand, international organizations as well as international
lawyers enjoy some particular legal immunities and privileges. They also
exert a considerable influence and responsibility in peacekeeping activities,
human rights, or even business trade regulation.

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