Within any primitive society, specific rules of behaviour materialize and lead to the prescription what is allowed and what is not. These rules developed subconsciously within the society are not codified at that time. But as the society modernized, it created a code of behaviour which would be upheld with the aid of legal machinery. This is how a custom has come to be and this ultimately gave rise to the Customary law. It’s a dynamic source of law in light of the nature of international system and the lack of centralised government organs.
This article aims to analyse the international obligations that arise through the practices of customary international law, through a study of its growth timeline in the Indian jurisprudence. Further, the article provides suggestions on how the customary law is capable of improving within the Indian legal regime.
