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.