Is It Not Paradoxical That A State Has To Believe A Rule Is Legally Binding Before It Actually Becomes Law?

All this uncertainty creates significant problems for the rule of law. If a law cannot be readily knowable or ascertainable, states cannot adapt their behavior and the law cannot be applied uniformly and fairly. The United Nations, in its defense, acknowledged this problem back in 1947 when it created the International Law Commission to “consider ways and means of making the evidence of customary international law more readily available”. Over the past seventy years, the International Law Commission has made undeniable progress by attempting to ‘codify’ customary international law.