Shchokin Y. International Law Custom: Actual Problems, Theory and Practice.

The thesis is devoted to the analysis of the main trends in modern domestic and foreign theories of customary international law. The main trends in the practice of international law customs implementation by the most authoritative international judicial bodies are summarized and identified. The peculiarities of formation of universal (general) and local customs and their relationship with other sources of international legal obligations are defined. The theoretical foundations justify the legal nature of international legal customs. The system-forming elements of commonly accepted meaning of "international law custom" are defined. Modern features of interpretations of the term "international law custom" - the practice and recognizing it as a legal binding (opinio juris) are revealed. The estimation of current trends in the interpretation of the time factor in the formation of international law customs and the concept of "instant custom" is provided. The role of international non-state members of international relations (including international non-governmental organizations) in the formation of international law customs is defined. The correlation of international law customs and international agreements in the formation and consolidation of general international law norms is identified. The features of the formation, establishment and application of international law local customs in the practice of the International Court of Justice and other international judicial bodies and international intergovernmental organizations are revealed. The main theoretical approaches of the XX - XXI centuries to the definition of "general principle of law" and the role of international law customs in the formation of the general principles of law are clarified. The peculiarities of changes and additions to international agreements norms by means of international law customs are clarified. The current trends in the formation of international law customs by the resolutions of international intergovernmental organizations are identified. The role of international and domestic courts in the formation and determination of international law customs content is clarified. The place of international law customs in the internal law of Ukraine is determined.