Question

Discuss the relationship between traditional and modern approacher

Answer 1

There are two contemporary approaches to the determination of customary international law: the "traditional," which emphasizes state practice, and the "modern," which emphasizes opinio juris. This article proposes a theory of custom that incorporates both approaches, It rejects analyzing custom on a "sliding scale" in favor of a reflective interpretive approach that reconciles the descriptive and normative justifications for traditional and modern custom.

Answer 2

The traditional approaches are mostly legal, institutional, historical, descriptive in nature, while the modern approach is scientific, rational and analytical. ... They compare the functions performed by different institutions. These approaches lack social, economic, cultural, behavioural factors